Justice Ekwo sacked Ebonyi State governor and his deputy on Tuesday for defecting from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC)
By Ishaya Ibrahim, News Editor
For daring to sack him from office, Governor Dave Umahi of Ebonyi State, has lodged a petition with the Nigerian Judicial Council (NJC) against a Federal High Court judge, Justice Inyang Ekwo.
This is even as the Ebonyi State chapter of the All Progressives Congress (APC) accused the judge of bias.
The sack of Umahi and his deputy, Dr. Kelechi Igwe, has, no doubt, unsettled the agrarian state.
Both the governor and his deputy were sacked following their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) in 2020.
But Umahi, who seems not to be fazed by the judgement, vowed on Tuesday that he remains governor and urged the people to remain calm as he was sure of quashing the ruling at the Appeal Court.
The Governor, who described the judgement as a jungle justice, noted that the Court lacks the powers to remove him as Governor as he was covered by immunity clause which protects him from any form of litigation that is not pre-election and tribunal matter.
Umahi also noted that there are two other similar cases on defection of a governor by an Ebonyi High Court and another in Zamfara which ruled in favour of governors.
He said: “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 rumors 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 problem, the legislature may have problem but the moment justice could be purchased, then we are in trouble in this country. And the ruling this afternoon is a 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.
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“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,” Umahi said
The Governor also argued that the Judge lacks the powers to declare the seats of the House of Assembly members vacant.
He said previous judgements have made it clear that it is only the presiding officer of the House of Assembly or the National Assembly that can do that.
Speaking in the same vein, the Ebonyi State Chapter of the APC rejected the judgement.
Chairman of the party in the state, Chief Stanley Okoro-emegha, said Justice Ekwo erred in his judgement, which he described as an abuse of the Constitution of the Federal Republic of Nigeria as amended.
He stated that there was already a subsisting judgement of a High Court in Abakaliki, and also in Zamfara State, which ruled that a serving Governor or his Deputy cannot be sacked from office on account of their defection to another party.
He accused Justice Ekwo of acting the script of political detractors, which was orchestrated to embarrass the Governor and his Deputy in order to achieve cheap political points.
He called on APC members and the supporters of the Governor to remain calm and law-abiding, adding that the judgement will surely be appealed.
“The judgement was clearly biased and it is unacceptable. Already there is a judgement from a High Court in Abakaliki and also in Zamfara State which said that a Governor and his Deputy cannot be removed from office on account of their defection to another party.
“However, there is no need for panic as the judgement will surely be appealed. All members of the APC and supporters of the Governor are advised to remain calm and law-abiding” he said.
