The All Progressives Congress (APC) has described as “travesty of justice” the sack of Ebonyi State Governor, David Umahi and his deputy, Dr. Eric Kelechi Igwe, by the Federal High Court in Abuja.
The APC said the presiding judge committed a glaring judicial error by sacking a duly elected and sworn-in governor and his deputy without relying on or citing any provision of the constitution of the Federal Republic of Nigeria or any provision of the Electoral Act that empowers the court to sack a sitting governor or his Deputy.
The Star had earlier reported that the Federal High Court sitting in Abuja, on Tuesday, sacked Governor Umahi and his deputy, following their defection from the Peoples Democratic Party (PDP) to the APC.
The governor and his deputy were sacked by Justice Inyang Ekwo who delivered judgment that the 393,042 votes garnered by Umahi in the March 9, 2019 governorship election in Ebonyi State belonged to the PDP and same could not be legally transferred to the APC by the process of defection.
However, the APC, while reacting to the sack via a statement issued by the party’s Director of Publicity, Salisu Na’inna Ɗambatta, said Justice Ekwo lacks the understanding of the difference between a governor of a state and governorship candidate of a political party.
The ruling party added that the judgment delivered by the presiding judge of the Federal High Court was “dead on arrival and having no iota of effect”.
The APC stated: “The presiding judge committed a glaring judicial error by giving judgment sacking a duly elected and sworn-in Governor and his Deputy without relying on or citing any provision(s) of the constitution of the Federal Republic of Nigeria or any provision of the Electoral Act that empowers the court to sack a sitting Governor and or his Deputy. This is purely a travesty of Justice.
“The court failed, refused, and or neglected to understand the clear difference between a governorship candidate of a political party as contemplated by the Electoral Act and a governor of a state duly sworn in as contemplated by the Constitution of the Federal Republic of Nigeria.
“The Court presided by Hon. Justice Inyang Ekwo further went ahead to rely on the outdated authority of Amaechi v INEC( Omegha case) without exercising the Judicial power of Judicial distinction between pre-election/election matters and this matter of elected Governor defecting to another political party.
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“He chose not to appreciate or he lacked the understanding of the difference between a governor of a state and governorship candidate of a political party. The Electoral Act and the judgment in Amaechi v INEC contemplate who is the right candidate of the party and not the issue of defection, as you all know neither Amaechi nor Omegha raised issue of defection to another political party. So it is absolutely ridiculous and questionable, as it shameful that a judge could decide a weighty matter such as conditions for sacking the governor of a state without relying on any express provision of the Constitution or Electoral Act or Judicial Authority either of superior courts or even courts of coordinate jurisdiction.”
The ruling party continued: “It will be noted that a State High Court sitting in Ebonyi State presided by Hon Justice Henry Njoku (who is more Senior in Bench than Hon Justice Inyang Ekwo of the Federal High Court 5 Abuja) has given judgment on the issues sought in this Ekwo Judgement).
“The Governor of Zamfara State was recently given a clean bill of health in the matter for which this same issue of defection was sought to be determined. In that case the Federal High Court, in its well-considered judgment stated that there is no provision in any law of the land or the Constitution of Nigeria that empowers any court in Nigeria to sack or tamper with the office of a siting governor and or Deputy for the reason of defection to another political party.
“The constitution of Nigeria upholds the supremacy of the right of association of persons (even to defect from one political party to the other). This is the prevailing position of the Supreme Court of Nigeria in the case of AG Fed & 2 ors v Alhaji Abubarkar & 3 ors ( SC 31/2007) (2007) NGSC 118, 20th April 2007. The case interpreted the right of Freedom Of Association to determine whether the action of a Vice President abandoning the political party whose platform he and the President were elected and joining another political party without resigning, amounts to constructive resignation from office, to warrant the seat of the Vice President to be declared vacant.
“The Supreme Court held that the Vice President (the President, the Governor, the Deputy Governor) can only vacate office pursuant to section 306( resignation) or sections 143 & 144 of the Constitution of Nigeria which is parimateria with sections 188 & 189 of the same Constitution.
“The Federal High Court sitting in Zamfara State has also relied on this Judicial Authority as the Law. In that case, the Court most recently held that Governor Bellow Matawallle violated no provision of the Constitution of Nigeria and or PDP or APC’s constitution by his defection.
“We, therefore, urge the people of Ebonyi State, the associates and fans of the visionary Governor of Ebonyi State, His Excellency Engr Chief David Nweze Umahi Fnse Fnate (Akubaraoha) to go about their normal business and disregard the outcome of the Ekwo Judgment as being dead on arrival and having no iota of effect on the rest of the matter as the governor is sitting solidly and undistracted,” Ɗambatta stated.
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