By Ben Ogbemudia and David Lawani, Abuja
Barely 17 months after Ebonyi State Governor and Chairman of the South-East Governors Forum, David Umahi, and his deputy, Dr Kelechi Igwe, defected to the All Progressives Congress (APC), a Federal High Court sitting in Abuja yesterday sacked the duo and all lawmakers in the state House of Assembly.
The presiding judge, Justice Inyang Ekwo said their defection from the Peoples Democratic Party (PDP) to the APC on November 17, 2020, was a violation of the constitution and consequently ordered them to vacate their seats.
But in a swift reaction, Umahi said he remains the governor of Ebonyi State despite court judgement.
He advised the people of the state to stay calm as he was sure of nullifying the ruling at the Appeal Court.
Addressing journalists in Abakaliki, the Ebonyi State capital, Umahi accused Justice Ekwo of bias against him and Ebonyi State.
He said he has forwarded a petition against the judge to the National Judicial Council (NJC).
The Governor claimed that the judge lacked the powers to remove him as he is covered by the immunity clause which protects him from any form of litigation that is not a pre-election and tribunal matter.
He also said that there were two other similar cases related to the defection of state governors to other parties in Ebonyi and Zamfara states, maintaining that the two courts in their separate judgements ruled in favour of the governors.
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“The constitution stipulates that the only way whereby a governor can vacate his seat is either by death, resignation or impeachment by the House of Assembly,
“There is no other provision that empowers a hatchet man to turn the constitution upside down. I have listened to the judgement of Ekwo and it is very obvious that he was on a mission. He was making all efforts to upturn the rulings of the Appeal and Supreme courts on issues like this.
“We have heard the rumours before now that he was determined to give judgement against all known laws and the constitution to embarrass the APC and the federal government.
“For me, I do not feel worried but I feel so sorry for the judiciary. The executive may have a problem, the legislature may have a problem but the moment justice could be purchased, then we are in trouble in this country. And the ruling this afternoon is clear evidence that this country is in trouble.
“And 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 to NJC and we will follow it up to ensure that this man is brought to justice.
“I want you to disregard the judgement, it is null and void there is a subsisting judgement in Ebonyi and Zamfara states. So we have chosen the one to obey, we will not obey his ruling, we will obey the ruling of a competent court of coordinate jurisdiction that says you cannot sue a governor.
“The sections of the constitution are very clear, no civil or criminal proceedings could be brought against a sitting governor. This is not a pre-election matter, this is not a tribunal matter. So he has murdered justice in this country and he and his generation will be remembered 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,” Mr Umahi also argued that the judge lacked the powers to declare the seats of the House of Assembly members vacant.
It will be recalled that Umahi, a second-term governor, won the 2015 and 2019 governorship elections in Ebonyi State under the PDP, but dumped the party for the APC about 17 months ago after the governor accused the PDP of planning to zone its 2023 presidential ticket to the North.
Justice Ekwo had held that Umahi and his deputy, Igwe were sacked because the 393, 042 votes they secured during the 2019 general elections belong to their former party, the PDP, and not APC, and, therefore, it cannot be legally transferred to the APC.
The court further ordered the Independent National Electoral Commission (INEC) to conduct a fresh election in the state and receive the names of those that will replace Umahi and Igwe from the PDP.
•PDP submits name of Umahi’s replacement, others
Meanwhile, the PDP has submitted to INEC the names of Iduma Igariwey and Fred Odogwu as their candidates for governor and deputy governor of Ebonyi State respectively.
The party also called on INEC to immediately issue the Certificates of Return to the PDP nominees as a replacement for Umahi and Igwe under the Order of the Honourable Court.
Addressing journalists at the party’s National Secretariat in Abuja, Senator Iyorchia Ayu, called on the Chief Judge of Ebonyi state to immediately swear them in as soon as INEC issued the requisites 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.
“It follows the sacking from the office of the Ebonyi State Governor, His Excellency, Chief Dave Umahi, and his deputy, His Excellency, Chief Kelechi Igwe, by a Federal High Court for defecting to the ruling All Progressives Congress (APC).
“In the same ruling, the court presided over by Justice Inyang Ekwo, also sacked the 17 members of the Ebonyi State House of Assembly who also defected with the governor and his deputy into the APC.
“You will recall that Gov. Umahi, his deputy, and the 17 lawmakers were elected on the PDP platform in 2015 and again in 2019, but defected to the APC on November 17, 2020, citing “injustice done to the South-East.”
“And determined to reclaim our stolen mandates, the PDP had sued them and joined both the APC and INEC in the suit. We had prayed the court to declare that by defecting from the PDP, on whose platform they were sponsored and elected, Umahi, Igwe, and the 17 lawmakers had resigned or deemed to have resigned from office on the day of their defections. And the Federal High Court, sitting in Abuja, gave the PDP and democracy justice today.
“First, we want to appreciate the Nigerian Judiciary for this landmark judgement. The ruling will bring order in the political space and check the issue of political rascality and stolen mandates. The judiciary is indeed the backbone of this democracy.
“We also want to single out Justice Inyang Ekwo for special recognition, particularly for being courageous and forthright in going for the substance of the law rather than the technicalities.”
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•Judgement can’t stand- Ozekhome, Okutepa
Meanwhile, two Senior Advocates of Nigeria, Mike Ozekhome and Samuel Okutepa have said the judgement might not stand the test of time in subsequent courts of higher jurisdiction.
According to Ozekhome, similar judgements have been given in the past which negates the premise on which the latest ruling was based.
He said, “I am of the firm belief that the judgment, shredded of all legal and factual details, cannot stand the acid test of constitutionalism, nor pass the furnace of appellate courts scrutiny. This is because the tenure of office of a Governor and his Deputy are constitutional matters.
“Perhaps, the Jurist’s learned attention was not drawn to appellate decisions on this type of matter, which under the doctrine of stare decisis and judicial precedent, he ought to have followed meticulously. He may also not have been availed of the clear provisions of sections 180 and 188 of the 1999 Constitution.”
On who casts votes at an election, Ozekhome said, “It is not only the registered voters of a political party that cast their votes for a President, Vice President, Governor or Deputy Governor. Many non-politically partisan persons also vote; just like opposition party members who may prefer a particular candidate even though not in their party.
“It is, therefore, not correct to hold that votes scored by candidates belong to a political party and therefore not transferable. The courts have since gone over the era of Amaechi V. INEC, where the Supreme Court had held that votes cast in an election belong to a political party.
“Section 141 of the Electoral Act, 2010, as altered that section, by providing that for a candidate to become Governor, he must have participated at all stages of the election. This includes primaries and the general governorship election.
“The appellate courts have since held again and again that votes cast in an election belong to a live candidate and not the political party which merely serves as a vehicle that enthrones candidates.
“The Judge in his Judgment had agreed with the PDP which relied on sections 221, 177(c), 106(d) and 65(2)(b) of the Constitution to substantiate its argument that votes belong to the political parties; and candidates can’t exist without a political party.”
Also, speaking on what the law says on the removal of the governor, Okutepa, said “This judgment on the superficial level seems very attractive and well-intentioned to instil political sanity in our otherwise reckless political terrains.
“But beyond this and also scoring political debates, is there jurisdiction in the Federal High Court to make the orders it made, in the light of, and upon a dispassionate construction and interpretation of Nigerian Constitution 1999 as amended. I do not think so.
“I will therefore endeavour to draw our attention to the procedures for removal of the governor and his deputy and the authority or institution that has jurisdiction to do so as provided in our constitution.
“Section 188 of the 1999 Constitution deals with who can remove a Governor or Deputy Governor from office. It is the House of Assembly after following the due processes set out in the constitution. No matter the political iniquities committed by the Governor and his Deputy there is no jurisdiction in the Federal High Court to remove them from office or to order their removal from office.”
*Mixed reactions
Already, mixed reactions have trailed the removal of Umahi and his deputy. While some residents saw it as a welcome development, others were disappointed with the judgement.
Some residents who spoke with newsmen yesterday in Abakaliki described it as a “victory for democracy”.
According to them, the judgement is an indication that the judiciary remains the beacon of democracy and the last hope of the common man.
A resident, Mr Basil Igwe, said the judgement would deepen democracy in the court and curtail the excesses of politicians especially, the elected representatives who jumped from one party to another.
“The judgement is a true reflection of the Constitution and Electoral Act. The governor unlawfully defected from the People’s Democratic Party (PDP) that sponsored him in the 2015 and 2019 elections.
“The court victory is a vindication of our constitution and it will go a long way in checking the excesses of our politicians who jump from one political party to another without any reasonable cause,” he said.
Another resident, Mr Uchenna Igwe said that the victory was not for the PDP but every democracy-loving citizen of the country.
He regretted that the nation’s democracy was in grave danger due to the attitude of some of the politicians and their neglect of the provisions of the Constitution.
“The judgement will serve as a deterrent to other elected public officials who would want to leave the party that sponsored them to victory for another party without relinquishing the position.
“I applaud the courage of Justice Inyang Ekwo for the judgement and urge the judiciary to remain alive to their duty, he said.
