Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by oshozondii: 1:29am On Mar 09, 2022 |
Prof. Itse Sagay (SAN), Chairman of the Presidential Advisory Committee Against Corruption (PACAC); Malachy Ugwummadu, immediate past president, Campaign for the Defence of Human Rights (CDHR), and Hannibal Uwaifo, President of the African Bar, on Tuesday said they agree with the court ruling sacking Governor David Umahi of Ebonyi State and his deputy, Kelechi Igwe.
Sagay, while arguing that the provision that governors should resign after defecting from their political party is not mentioned in the constitution as it only specifically said lawmakers, however, said the principle is a good one as it has been established in the case of Rotimi Amaechi versus Celestine Omehia.
He also said Umahi and his deputy can appeal the judgment within the stipulated time allowed in the constitution.
“That judgment has been established by the Supreme Court in Amaechi’s case. The constitution specifically stated that when an elected member of the National Assembly changes from one party to another, he will lose his seat and will have to recontest it, unless there is a split in his party and a faction of it decides to join another party. That is the provision of the constitution. No reference was made to governors.
“So, what this judge has done is to extend to governors a provision which is specifically addressed to National Assembly. In my view, there is a little bit of judicial legislation going on here because governors were not mentioned in the constitution even though I don’t know why that was so.
“However, the principle that if you are elected on the platform of one party, you shouldn’t change to another party without resigning is a good one. I think it was an unfortunate omission that the governors were not included. But I agree with the judge that the same principle applies, both as a principle of law and morality. But I definitely know there will be an appeal on that ground that there is no specific mention of that in the constitution”.
Malachy Ugwummadu, immediate past president, Campaign for the Defence of Human Rights (CDHR), said the judgment is a very interesting and intriguing development.
“It seems to have critically taken into account the fact that elections are won in Nigeria on the platforms of political parties. According to section 222 of the 1999 constitution of Nigeria, political parties are the vehicles to access political power and having emerged as a Governorship candidate or deputy Governorship candidate, respectively, it is believed that the PDP won the election and it should be in Government in Ebonyi State.
“The idea of defecting from that same platform on which he emerged as the Governor cannot be tenable in the sense that you cannot separate yourself from the political party that brought you to power.
“This is talking about Governorship, it is not exactly the situation with members of the legislators both at state and federal level where a legislator can decamp from his political party to yet another if he is unable to justify that the party based on which he came into power has gone into disarray.
“There is no such constitutional provision in relations to the Governor and the deputy’s positions, but the court revalidates the position of our law that election into executive positions are formed on basis of political system and you cannot begin to jump from one party to another. This is regardless to what your right to freedom of association says.
“Again, section 177(c) of the constitution in relation to this matter also says such a person must be a member of a political party and he must be sponsored by that party. So, at the time he contested he was a member of the PDP, when he defected and jumped into another party, could he still retain his identity as a member of the political party, that is contradictory; and now that you are on the other side, which party do you lay claim on? I think it’s to avoid that kind of controversy that the court has come to such conclusion. Like I said, it will continue to be debated because the law did not talk about what happens when a Governor defects in such a situation”, he said.
President of the African Bar, Mr. Hannibal Uwaifo, said the court has just interpreted what the law says on such matter.
“You are not supposed to defect from a political party that brought you into office, thinking you can get away from it.”
Court Sacks Governor Umahi, Deputy, 17 Lawmakers
It would be recalled that Justice Inyang Ekwo of the Federal High Court, Abuja, on Tuesday ordered Governor David Umahi of Ebonyi State and his deputy, Dr. Eric Kelechi Igwe, to vacate their offices due to their defection from the PDP to the All Progressives Congress (APC).
The court also in a judgment on the suit marked FHC/ABJ/ CS/1041/21, sacked the 16 members of the Ebonyi State House of Assembly that equally defected from the PDP to the APC, directing that they should refund all remuneration earned from the day of their defection till date.
The affected lawmakers are Odefa Obasi Odefa, Victor Uzoma Chukwu; Kingsley Ikoro, Benjamin Joseph Ununu, Nkemka Okoro, Anthony Nwegede, Chinwe Nwachukwu, Onu Nwonye, Friday L. Nwuhuo, Moses Odunwa, Chinedu Awo, Chinedu Onah, Chukwuma Igwe, Chukwu Arinze Lucas, and Francis Ogbonnaya Nwifuru.
The court made the order in a judgment on a suit marked FHC/ABJ/CS/ 920/21, filed by the PDP seeking the removal of Governor Umahi and his deputy, Dr. Igwe, from office.
The court noted that the crux of the matter was the defection of the 3rd and 4th defendants, Umahi and Igwe, respectively, from the PDP to the APC, and not issue of conflict.
Justice Ekwo said the averments of Umahi and Igwe did not address the issue of defection rightly and frontally but rather resorted to general denial to affidavit evidence.
The depositions of the 3rd and 4th defendants in their counter affidavit were “evasive and insufficient” to competently challenge the plaintiff’s originating process.
It was the opinion of the court that the “immunity clause” in section 308 of the constitution under which Governor Umahi and his deputy want to hide is not absolute.
“Section 308 is a veritable constitutional shield” for president, Vice, Governors, their deputies against civil and criminal litigations and not for political reasons.
The court said Umahi and Igwe did not controvert the deposition that total votes scored in an election belong to a political party.
Justice Ekwo said evidence abound that the 2nd defendant (APC) contested the Ebonyi State governorship election held on March 9, 2019, with its own candidates.
“It can be noted that the constitution does not deal with the issue of defection lightly”, the court stated, adding that “the 3rd and 4th defendants cannot transfer the votes and victory of the plaintiff on March 9, 2019, to the APC.
“Office of the Governor and Deputy Governor of Ebonyi State belongs to the plaintiff and not the APC.
“The option for Umahi and Igwe is to vacate office and wait for next election to contest election on the platform of its new party”, the court declared.
The court said the act of the APC, Umahi and his deputy is aimed at “dismantling the 1999 constitution”.
Consequently, the court declared that under the democratic system operated in Nigeria, the plaintiff (PDP) won the majority of votes during the election and is entitled to enjoy same till the end of tenure of office for which the election was made.
Consequently, the court declared that the PDP should submit the name of the person that came second in its primary election or in the alternative, conduct a fresh election to pick replacement for the sacked APC governor and his deputy.
The court had earlier dismissed the application by the governor and his deputy challenging the territorial jurisdiction of the court.
Justice Ekwo held that the APC, Umahi and Igwe did not show how the matter would occasion a miscarriage of justice if not heard in Ebonyi State.
More so, the court dismissed the preliminary objections raised by the 3rd and 4th defendants with regards to section 308 of the constitution.
Also, the application of Umahi and Igwe to refer the matter to the Court of Appeal was dismissed as lacking in merit.
You Can’t Sack Me, Umahi Tells Justice Ekwo
Meanwhile, Governor David Umahi said Justice Inyang Ekwo of the Federal High Court, Abuja, lacked the powers to sack him as the governor of Ebonyi State.
Umahi was reacting to a judgment by Justice Inyang Ekwo on Tuesday which sacked him and his deputy, Dr. Kelechi Igwe, from their offices for defecting from the Peoples Democratic Party (PDP), which sponsored their elections, to the All Progressives Congress (APC).
The court ruled that Umahi and his deputy can’t transfer the victory of the PDP to another political party.
Umahi, who spoke in his office at Centenary City, Abakaliki, on Tuesday afternoon, insisted that the judgment was influenced.
He described the judgment as a jungle justice, saying, “He (Justice Ekwo) has no power to remove me.”
Umahi said that judgment should be disregarded.
According to him, there are three ways whereby a governor can vacate his seat: either by death, resignation or impeachment by the House of Assembly.
Umahi further disclosed that Justice Ekwo has been petitioned to the National Judicial Council (NJC), adding, “We will follow it up at all cost to ensure that this man is brought to justice.”
Umahi said: “There is nothing to worry at all. In the first place, there is no constitutional provision for any hatchet man to remove a governor. There are three ways whereby a governor can vacate his seat: either by death, resignation or impeachment by the House of Assembly. There is no other constitutional provision that empowers a hatchet man to turn the constitution and the law upside down.
“I have listened to the judgment of Ekwo and it is very obvious that he was on a mission, he was making all effort to upturn the rulings of the Supreme Court and the Appeal Court on the issues like this.
“We have heard the rumours before now that he was determined to give judgment against all known laws and the constitution. First to embarrass APC, two, to embarrass the Federal Government.
“For me, I do not feel worried, but I feel so sorry for the judiciary. The executive may have problems, the legislature may have problems, but the moment justice could be purchased, then, we are in trouble in this country, and the ruling this afternoon is a clear evidence that this country is in trouble.
“Let me tell you that this same judge has over 10 cases against Ebonyi State government with him and you can imagine what he is going to rule. We have petitioned him before NJC and we will follow it up at all cost to ensure that this man is brought to justice.
“I want you to disregard the judgment, it is null and void. There is a subsisting judgment in Zamfara State and there is also a judgment in Ebonyi State. So, we have chosen the one to obey, we will not obey his ruling. We will obey the ruling of a competent court of equal level that says you cannot sue a governor.
“The sections of the constitutions are very clear, no criminal or civil proceedings could be brought against a sitting governor. This is not a pre-election matter, this is not a tribunal matter and so, he has murdered justice in this country and he will be remembered and his generation for this jungle justice which has no leg to stand. I am still the governor of Ebonyi State and he has no powers to remove me”, he said.
Umahi, however, said he was going to appeal the judgment.
PDP Names Igariwey To Replace Umahi, Udeogu, Deputy
Again, following the sack of Ebonyi governor by a Federal High Court in Abuja, PDP on Tuesday replaced David Umahi with Iduma Igariwey.
The party also replaced the deputy governor, Kelechi Igwe, with Fred Udeogu.
Addressing newsmen on the judgment, the national chairman of PDP, Senator Iyorchia Ayu, said that the party has sent replacements to the Independent National Electoral Commission (INEC).
The party has also called on INEC to make preparation for the replacement of the 17 members of the Ebonyi State House of Assembly, who also defected with the governor and his deputy to the APC through bye-election.
Ayu said: “We are also calling on INEC to immediately issue the certificates of return to the PDP nominees as replacement for Messrs. Umahi and Igwe pursuant to the order of the honourable court.
“Furthermore, we call on the Chief Judge of Ebonyi State to immediately swear them in as soon as INEC issues the requisite certificates of return.
“And lastly, we call on INEC to immediately withdraw the certificates of return from the 17 lawmakers and commence the process of conducting bye-elections to replace them. https://independent.ng/court-sack-of-umahi-deputy-lawmakers-in-order-lawyers/?utm_source=&utm_medium=twitter 8 Likes 1 Share |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by 3exe3: 1:37am On Mar 09, 2022 |
Umahi should chill he is a gonna
The Constitution is clear the mandates of an election is based on parties not individuals
Besides same case like this was judged in the supreme Court
The best umahi can hope for is for the zamfara state case to be different in the supreme Court.
Kudos to the pdp after being in power for a long time I thought they never knew how to play the part of the opposition
They now seem like real opposition not just a voice in the desert 101 Likes 8 Shares |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by Maxymilliano(m): 1:43am On Mar 09, 2022 |
Amaechi VS Omehia 2007.
Votes casted at elections belong to the political party and not the candidate.
Sir Celestine Omehia was removed from office in October 2007 after holding office for five months. The supreme court at that time ruled that he usurped Mr Amaechi's ticket for the election and accordingly should be handed back to the rightful candidate in the eyes of the law.
On this ground, Justice Inyang Ekwo's ruling is sound. 102 Likes 4 Shares |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by kahal29: 2:17am On Mar 09, 2022 |
The judgement erroneously relied on Section 221 of the 1999 Constitution (as amended) as well as the judgment of the Supreme Court in Faleke v. INEC.
Unfortunately, the Supreme Court decision in Faleke v. INEC does not relate to the consequence of the defection of a governor from one political party to the other. A more apt instance will be the Atiku Abubakar scenario wherein Atiku Abubakar as Vice President, elected under the PDP, defected to the then Action Congress.
The position of the Supreme Court was reported as Attorney General of the Federation V. Abubakar (2007) 10 NWLR (part 1041) 1. At page 124 of the report, Justice Onnoghen set down the position thus:
“There is nowhere in the 1999 Constitution where it is stated that the President or Vice President of the Federal Republic of Nigeria shall be removed or is removable from that office if he defects from the political party on whose platform he was elected to that office and joins another political party.”
It is the constitutional responsibility of the legislature to make or amend the laws including the constitution, where the need arises, while that of the judiciary remains to interpret and apply the laws so made or amended. The courts can therefore not add or subtract from the law as enacted by the legislature under the guise of judicial interpretation of the constitution or statute…”
Secondly the case of Amaechi vs Omehia does not apply here cos it is a pre election matter/case. 25 Likes 2 Shares |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by Mysticwebb: 2:34am On Mar 09, 2022 |
Like this like this, they will just sacrifice Umahi. This one that even APC lawyer has also started agreeing with the ruling, that is how like play, like play he will lose even his appeal. If this stands, then this senseless defection will reduce if not stopped completely. 87 Likes 5 Shares |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by garfield1: 2:36am On Mar 09, 2022 |
Maxymilliano: Amaechi VS Omehia 2007.
Votes casted at elections belong to the political party and not the candidate.
Sir Celestine Omehia was removed from office in October 2007 after holding office for five months. The supreme court at that time ruled that he usurped Mr Amaechi's ticket for the election and accordingly should be handed back to the rightful candidate in the eyes of the law.
On this ground, Justice Inyang Ekwo's ruling is sound.
68. (1) A member of the Senate or of the House of Representatives shall vacate his seat in the House of which he is a member if - (a) he becomes a member of another legislative house. (b) any other circumstances arise that, if he were not a member of the Senate or the House of Representatives, would cause him to be disqualified for election as a member; (c) he ceases to be a citizen of Nigeria; (d) he becomes President, Vice-President, Governor, Deputy Governor or a Minister of the Government of the Federation or a Commissioner of the Government of a State or a Special Adviser. (e) save as otherwise prescribed by this Constitution, he becomes a member of a commission or other body established by this Constitution or by any other law. (f) without just cause he is absent from meetings of the House of which he is a member for a period amounting in the aggregate to more than one-third of the total number of days during which the House meets in any one year; (g) being a person whose election to the House was sponsored by a political party, he becomes a member of another political party 3 Likes |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by garfield1: 2:42am On Mar 09, 2022 |
kahal29: The judgement erroneously relied on Section 221 of the 1999 Constitution (as amended) as well as the judgment of the Supreme Court in Faleke v. INEC.
Unfortunately, the Supreme Court decision in Faleke v. INEC does not relate to the consequence of the defection of a governor from one political party to the other. A more apt instance will be the Atiku Abubakar scenario wherein Atiku Abubakar as Vice President, elected under the PDP, defected to the then Action Congress.
The position of the Supreme Court was reported as Attorney General of the Federation V. Abubakar (2007) 10 NWLR (part 1041) 1. At page 124 of the report, Justice Onnoghen set down the position thus:
“There is nowhere in the 1999 Constitution where it is stated that the President or Vice President of the Federal Republic of Nigeria shall be removed or is removable from that office if he defects from the political party on whose platform he was elected to that office and joins another political party.”
It is the constitutional responsibility of the legislature to make or amend the laws including the constitution, where the need arises, while that of the judiciary remains to interpret and apply the laws so made or amended. The courts can therefore not add or subtract from the law as enacted by the legislature under the guise of judicial interpretation of the constitution or statute…”
Secondly the case of Amaechi vs Omehia does not apply here cos it is a pre election matter/case. I am in total agreement with you.this is a perversive decision and a decision is perverse when a judge takes into account matters he should not have taken.see uzodinma vs ihedioha ca.the analysis of a lawyer no matter how brilliantly couched cannot take the place of statutes.see etim udo vs the state 5 Likes 1 Share |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by Brendaniel: 3:40am On Mar 09, 2022 |
They went to chill with the big boys
dem dey run kiti-kiti, dem dey run kata-kata
dem no fit drink water drop cup 10 Likes |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by todaynewsreview: 3:41am On Mar 09, 2022 |
Very in order 1 Like |
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Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by IPIGSRHYPO: 3:44am On Mar 09, 2022 |
Yeye elebi lawyers |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by Kolaboluv7(m): 3:48am On Mar 09, 2022 |
Like play like play you’ll be a gonna 1 Like 1 Share |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by 9japride(m): 3:48am On Mar 09, 2022 |
Just imagine if Buhari defected to PDP after winning the presidential election. It will cause serious crises in the country, so why do people feel it's ok for governors, senators and house of rep members to just jump ship easily? 32 Likes 2 Shares |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by NoFucksToGive: 3:51am On Mar 09, 2022 |
Hmmmm still observing how serious this is, cause it feels like a joke to me |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by Harrynight(m): 3:52am On Mar 09, 2022 |
We know it's in order And we also know the judgment will be reversed. Our judicial system is like 2 edged sword 2 Likes 1 Share |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by anambraamaka: 3:54am On Mar 09, 2022 |
Good one 1 Like |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by Onyenna(m): 3:55am On Mar 09, 2022 |
Wow! 6 Likes |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by jeffizy(m): 4:02am On Mar 09, 2022 |
A mandate belongs to a party as the principal and followed by the candidate who runs on a party's ticket.
It's about time all the cross carpeting like snake and lizards came to an end. 20 Likes 3 Shares |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by Topmaike007(m): 4:02am On Mar 09, 2022 |
My lawyers in the house una never sleep?
And moreover na jealousy dey worry all of una,my amiable and Best performing governor will finish is tenure..na idu igariwey that is in house of assembly for years and yet we in Ehugbo do not have power supply for almost a year...
Make Dem go pick Maria and I will give it a nod
God bless Ehugbo,God bless Afikpo North 4 Likes |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by nony43(m): 4:03am On Mar 09, 2022 |
The Governor of Cross River state should be sacked too. From PDP to APC . 16 Likes 1 Share |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by Nobody: 4:10am On Mar 09, 2022 |
The court has the prerogative power to sack the governor.... It is a judicial review and it will serve as precedent for similar Case...
Note;221. No association, other than a political party, shall canvass for votes for any candidate at any election or contribute to the funds of any political party or to the election expenses of any candidate at an election.
So umahi defraud PDP and thought they will let go after the votes and funds 24 Likes |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by Axis313(m): 4:10am On Mar 09, 2022 |
All of our politicians are fraudsters,something they will drag to appeal court,from there to supreme court,and before supreme court make their judgment his tenure don end. Interestingly,he is already serving his second term in office. 2 Likes |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by MEGAWATCH: 4:12am On Mar 09, 2022 |
nony43: The Governor of Cross River state should be sacked too. From PDP to APC . Hahaha why you come hate the man naa? The man na fighter o and short people Sabi how to fight well well. 2 Likes 1 Share |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by chukwuibuipob: 4:20am On Mar 09, 2022 |
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Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by ekevwe(m): 4:22am On Mar 09, 2022 |
Most Nigeria politicians are not brilliant. They don't read the constitution comprehensively 4 Likes |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by zionstaar75: 4:24am On Mar 09, 2022 |
kahal29: The judgement erroneously relied on Section 221 of the 1999 Constitution (as amended) as well as the judgment of the Supreme Court in Faleke v. INEC.
Unfortunately, the Supreme Court decision in Faleke v. INEC does not relate to the consequence of the defection of a governor from one political party to the other. A more apt instance will be the Atiku Abubakar scenario wherein Atiku Abubakar as Vice President, elected under the PDP, defected to the then Action Congress.
The position of the Supreme Court was reported as Attorney General of the Federation V. Abubakar (2007) 10 NWLR (part 1041) 1. At page 124 of the report, Justice Onnoghen set down the position thus:
“There is nowhere in the 1999 Constitution where it is stated that the President or Vice President of the Federal Republic of Nigeria shall be removed or is removable from that office if he defects from the political party on whose platform he was elected to that office and joins another political party.”
It is the constitutional responsibility of the legislature to make or amend the laws including the constitution, where the need arises, while that of the judiciary remains to interpret and apply the laws so made or amended. The courts can therefore not add or subtract from the law as enacted by the legislature under the guise of judicial interpretation of the constitution or statute…”
Secondly the case of Amaechi vs Omehia does not apply here cos it is a pre election matter/case. u get sense 1 Like |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by Fedrick100: 4:32am On Mar 09, 2022 |
Does that mean he’s no longer the Governor |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by Aonkuuse(m): 4:36am On Mar 09, 2022 |
You that read the constitution, why did the court not sack Ortom of APC when he defected to PDP with APC mandate It's clear that judge has a flag of PDP. Was it not recently the house reject the bill of removal from office due to cross-carpeting?? ekevwe: Most Nigeria politicians are not brilliant. They don't read the constitution comprehensively 1 Like |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by Itulah(m): 4:38am On Mar 09, 2022 |
Ben Ayade of Cross River right now 10 Likes |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by Balkan(m): 4:48am On Mar 09, 2022 |
Umahi is grasping for breatht 2 Likes |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by eeetuk(m): 4:52am On Mar 09, 2022 |
Itse Sagay : But I definitely know there will be an appeal on that ground that there is no specific mention of that in the constitution”.
I agreed 100% with Mr. Itse Sagay that this case will be appealed by the losing parties: governor Umahi and the lawmakers. But on what ground? There is nothing strategic ambiguity here. Definitely, i cannot see this judgement overturned by the Supreme court execept that, in Nigeria, judges are in court to make money. The 1999 constitution of Nigeria clearly and cleverly clarified what would happened if an elected official defected from one party to another.
So, is the Supreme court going to say both the constitution and the trial judge are wrong? I pray it does not happen because it will be an attempt by the Supreme court to end the practice of democracy in Nigeria. But I will be watching! 4 Likes |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by ovie8200: 4:56am On Mar 09, 2022 |
22 Likes 1 Share |