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Umahi, Deputy approach Appeal Court, seek to upturn judgement sacking them

 

Tunde Oyesina, Abuja

The sacked Governor of Ebonyi State, Dave Umahi, and his deputy, Dr Eric Kelechi Igwe, Wednesday approached the Court of Appeal, Abuja Division to challenge the Federal High Court judgement that sacked them from office.

Umahi and his deputy were on Tuesday sacked by Justice Inyang Ekwo on the grounds of their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

Appealing the decision before the Court of Appeal 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 Appellants 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 submitted  the trial court erred in law and misdirected itself when it relied on Sections 68 and 109 of the Constitution of the Federal Republic of Nigeria 1999(as amended) in holding that the Appellants, having defected from the PDP to the APC, offended the provisions of the Constitution and must vacate their offices as Governor and Deputy Governor respectively.

They further submitted the trial court erred in law and misdirected itself when it relied on Sections 68 and 109 of the Constitution of the Federal Republic of Nigeria 1999(as amended) in holding that the Appellants, having defected from the PDP to the APC, offended the provisions of the Constitution and must vacate their offices as Governor and Deputy Governor respectively.

The Appellants, in their suit, stated that there is no specific mention of Governor and Deputy Governor in the provisions of section 68 and 109 respectively of the 1999 Constitution (as amended).

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