Recall that on Tuesday, March 8, 2022, the Federal High Court in Abuja sacked Umahi and Igwe over their defection from the Peoples Democratic Party to the All Progressive Congress.
Justice Inyang Ekwo had ruled that the 393,042 votes Umahi secured when he was elected as governor of the state in 2019, belonged to the PDP.
But the governor and his deputy have appealed the court’s judgement before the Court of Appeal in Abuja.
The appellants argued that there is no provision of the 1999 constitution (as amended) that provides for the removal of a governor and his deputy because of defection.
In Suit No: FHC/ABJ/CS/920/2021, Umahi and his deputy stated that the Federal High Court erred when it said it had “not seen any authority which propounds that where Governor or Deputy Governor defects his political party on which platform he was elected into office, he cannot be sued by that political party to reclaim its mandate.”
The said: “The Hon trial court was virtually setting aside the Supreme court of Nigeria’s decision in AG Federation v. Atiku Abubakar & 3 ORS (2007) LCN/3799(SC)to the effect that there are no constitutional provisions prohibiting President or vice and invariably the Governor and or deputy Governor from defecting to another Political Party.
“The provisions of section 308 are specific Notwithstanding anything to the contrary in this Constitution, but subject to subsection (2) of this section, no civil or criminal proceedings shall be instituted or continued against 3rd and 4th Appellants during their mandate in office as Governor and Deputy Governor respectively
“The Respondent’s cause of action at the court below was defection of the Appellants from the PDP on which platform they were voted into office to the APC.
“There is no provision of the 1999 Constitution (as amended) that provides for the removal of 3rd and 4th Appellants as sitting Governor and Deputy Governor respectively of Ebonyi State for reason of defection.”
The appellants also stated that the court’s dependence on Sections 68 and 109 of the Constitution of the Federal Republic of Nigeria 1999(as amended) for its judgement was erroneous.
They added that the sections cited did not specifically mention Governor and Deputy Governor in the provisions of the 1999 Constitution (as amended).
They said; “By relying on sections 68 and 109 of the Constitution the Hon. trial court assumed the role of the legislator and arrogated to itself the powers of amendment of the Constitution.
“There is no provision in the 1999 Constitution (as amended) which state that Governor or Deputy Governor will vacate his office if he defects from his political party to another political party.”
“The lower court erred in law and overruled the decision of the Supreme Court of Nigeria when it held that ownership of votes cast during the Governorship Election of 2019 belongs to the 1st Respondent and not the Appellants.”
Meanwhile, governor Umahi has insisted that he remains the governor of Ebonyi state, saying the court judgement that sacked him from office was biased.
Leave a Reply