Umahi, while reacting to his sack, said Justice Inyang Ekwo lacks the power to remove him from office and has put the judiciary on trial.
By Ishaya Ibrahim, News Editor
The decision of the Federal High Court sitting in Abuja, which on Tuesday sacked the Governor of Ebonyi State, Dave Umahi and his deputy, for defecting to the All Progressives Congress (APC), has divided lawyers.
The court sacked Umahi, his deputy and 17 lawmakers of the State House of Assembly for abandoning the Peoples Democratic Party (PDP) on which platform they were elected both in 2015 and 2019.
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While some lawyers say the decision was sound, others argue that it was not based on the Constitution, hence, cannot stand.
“Understand that if a party is not in crisis any defection is useless. That’s the law. Was PDP in turmoil when Umahi decamped,” queried a lawyer based in Kaduna, Barrister Abdulazeez Ibrahim.
Ibrahim cited several decisions of the Supreme Court which ruled that the votes in an election belongs to political parties and not candidates
But chairman of the Special Public Interst Development Law (SPIDEL), Dr Monday Onyekachi Ubani, said what the judge cited for removing the governor was not one of the constitutional prescription for removal of governors.
“The constitution specify the ways and manner to remove a governor. What the judge cited is not one of the ways,” Ubani argued.
He said no place in the constitution did it mention removal of a governor because of defection to another party. He said lawmakers are the only category of elected officials that the constitution provide for their sack on the ground of defection.
TheNiche had reported how Ebonyi lawmakers on November 17, 2020, joined Umahi and his Deputy, Dr. Eric Kelechi Igwe, to defect to the APC.
The court, in a judgement that was delivered by Justice Inyang Ekwo, held that the lawmakers, having abandoned the political party that sponsored them, could not transfer the mandate they obtained from the ballot, to another political party.
It held that the Defendants who became members of the House of Assembly on the platform of the PDP, could not justify their defection when there was no division in the PDP.
It held that section 109(1) (g) of the 1999 Constitution was purposely couched to ensure that defectors were not allowed to retain their seat in the House, unless such defectors are able to justify their action.
The court held that the case PDP brought against them succeeded.
Consequently, it ordered the lawmakers to immediately vacate their positions, even as it restrained them from further parading themselves or acting as members of the Ebonyi State House of Assembly.
The court also made an order of mandatory injunction compelling the Independent National Electoral Commission (INEC), to accept from the PDP, a list of its candidates to replace the sacked lawmakers, as well as to issue Certificate of Return to them.
Alternately, the court directed INEC to within 90 days, conduct fresh election in Ebonyi State to fill up the vacant positions.
It further ordered all the lawmakers to refund all salaries and monies they received from the period they defected to the APC.
Umahi has reacted, saying the court lacks the power to sack him.