Gov Umahi Appeals Judgment, Dares PDP

• Says opposition will not distract us
• NBA demands apology over comments

BY ONYEKACHUKWU IBEZIM – Amid flaks from the Nigerian Bar Association (NBA) over comments against the Federal High Court, Abuja ruling that ordered their immediate sack from office, the embattled Governor of Ebonyi State, Engineer Dave Umahi and his deputy, Dr. Kelechi Igwe, have filed an eight grounds of appeal.

According to the notice of appeal in suit no: FHC/ABJ/CS/920/2021, filed at the Abuja Judicial Division of the Appellate Court, the governor and his deputy disagreed with the entire judgement of the lower court that booted them out of office for dumping the People’s Democratic Party (PDP) and joining the All Progressives Congress (APC)

Listing their eight grounds of appeal against the contentious judgment, Messrs Umahi and Igwe, argued in ground one that the lower court erred in law and misdirected itself when it held that “I have not seen any authority which propounds that where a 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… Section 308 of the 1999 Constitution did not envisage such a situation”.

The duo argued that Honourable 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 is 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.

“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 argued.

They also averred that 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.

While Section 68 deals with grounds for vacation of seats by National Assembly lawmakers (Senate and House of Representatives), Section 109 lists grounds for vacation of seats of State Lawmakers.

Further arguing 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), the appellants said; “By relying on Sections 68 and 109 of the Constitution the Hon. trial court assumed the role of the legislator and arrogated to itself the powers of amendment of the Constitution”

They also submitted that there was no provision in the 1999 Constitution, (as amended), which states that Governor or deputy Governor will vacate his office, if he defects from his political party to another political party.

On Ground 3, the appellants also argued that the lower court erred in law and overruled the decision of the Supreme Court of Nigeria when it held that ownership of votes cast during the Governorship Election of 2019 belongs to the 1st Respondent and ….

“The Hon trial court relied on AMAECHI v. INEC and FALEKE v. INEC when same are no longer the law on the ownership of votes cast in an election. Ngige v. Akunyile (2012) 15 NWLR Pt.1323-343 (CA) the court held: “the above provisions show that a political party canvasses for votes on behalf of the candidate. In other words a political party is nothing more than agent of the candidate in gathering votes to an election.

“In INEC vs. Action Congress (2009) 2 NWLR Pt. 1126 – 524 (CA) the Court held: “…the participation of a political party does not exceed campaigning for the candidate….”, they argued.

Similarly, the appellants on Ground Four, averred that the lower court erred in law when it held that the Appellants are deemed to have resigned from their Offices as Governor and Deputy Governor of Ebonyi State upon their defection to another party

According to them, Section 180(1)( c) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) never contemplated, implied resignation but resignation signed by the Appellants and tendered to the Speaker of the House of Assembly of Ebonyi State, adding; “The trial court had no evidence before it of Appellants’ resigning from their Offices.”

Both further submitted that the lower court erred when it ruled that they are not covered by the immunity clause in the matter, saying; “The Hon trial court erred in law when it held that the provision of the Public Officers Protection Act cannot avail the Appellants”.

Additionally, the appellants submitted that there is no constitutional breach committed as to deny them (the Appellants) of the provisions of the Public Officers Protection Act

“The reliefs sought by the 1st Respondent are grounded on decisions taken by the Appellants while in their respective Offices as Governor and Deputy Governor of Ebonyi State”, the twosome further argued.

Furthermore, both appellants argued that the Hon trial court erred in law when it restrained the Appellants from carrying on the duties in their offices as Governor and Deputy Governor of Ebonyi State on the basis that the Appellants offended the provisions of Sections 177(c) and 221 of the Constitution of the Federal Republic of Nigeria 1999 (as amended)

They argued that “Section 221 of the Constitution is not to the effect that votes cast during the Governorship election of March 9, 2019 belonged to the 1st Respondent but rather to the Appellants”.

“Section 177 of the Constitution is all about qualification for a candidate to the Governorship election and has anything to do with punishment for defection”, they argued

On Grounds Seven, the appellants argued that the trial Court erred in law when it ordered Appellants to vacate their respective offices as Governor and Deputy Governor of Ebonyi State.

They also averred that the court was wrong to order 1st Respondent (PDP) to submit to 2nd Respondent (INEC) names of its candidates to replace Appellants as Governors and Deputy Governors of Ebonyi State.

They argued that the law bars the court from declaring anybody who did not take part in all stages of the election as winner of the said election.

“Section. 141 of the Electoral Act 2010 (as amended) states that: An election tribunal or court shall not under any circumstance declare any person a winner at an election in which such a person has not fully participated in all the stages of the said election.”

“Section. 285(13) of the Constitution, restated: An election tribunal or court shall not declare any person a winner at an election in which such a person has not fully participated in all stages of the elections.”, they quoted.

In making further submissions, the appellants noted that the trial court erred in law when it not only overruled but refused to be persuaded by the decisions of an Ebonyi State High Court and a Federal High Court Gusau, Zamfara State on similar matters.

Governor Umahi and his deputy therefore urged the court to set aside the judgement of the Federal High Court delivered by the Hon Justice Inyang Ekwo on Tuesday, March 8 2022 and all orders made therein by the Honourable trial court.

Meanwhile, a furious Nigerian Bar Association (NBA) has frowned at the governor’s recent comments on the Court ruling, describing it as impunity taken too far and executive rascality.

In a statement to demonstrate its displeasure, the NBA demanded that the governor apologises publicly for berating the judge and the judiciary.

The NBA said; “Following the Judgment, Umahi, in the course of a Press Conference – video evidence of which is currently making the rounds on both new and mainstream media – threw caution to the wind and deployed very uncomplimentary adjectives and intemperate language in characterising both the Judgment and Hon. Justice Ekwo, including but not limited to describing the Judgment as “jungle justice” and His Lordship as “a hatchet man”.

However, not ready to confront the NBA on his perceived unsavoury comments against Federal High Court judge, Justice Inyang Ekwo, that sacked him, his deputy, Mr. Kelechi Igwe, and 17 State Assemblymen from their seats for jumping ship to APC from PDP, Governor Umahi was more temperate in his address during a solidarity rally at Udensi Roundabout in Abakilike, the state capital on Wednesday.

Addressing thousands APC members and supporters, he disclosed that a team of 17 Senior Advocates of Nigeria (SANs) has been mobilised to appeal the High Court judgement that sacked him and others.

Insisting that there was no regrets in joining the ruling APC, Governor Umahi said the opposition PDP would not enjoy the pleasure of distracting his administration.

Obviously recanting his earlier position on the Court judgment, Engineer Umahi said; “I’m still the Governor of Ebonyi State and I’m still working. I said the lawyers of PDP are the ones doing forum-shopping and I’m going to write against the lawyers to NBA to discipline them because the judge was misled.

“The blame was not on the judge. The blame is on the PDP lawyers who misled the judge. And I’m using the opportunity to let Nigerians know that nobody castigated the judge and we will not and because the matter was not before any judge.

“Today, we have appealed the judgement. We have done three things; we have done the appeal at Enugu, and when I say that, we have two judgements, I say that the judgement in Ebonyi state, which has equal powers with that of Abuja.

“We said we will obey the judgement in Ebonyi State. We will appeal the judgement of Abuja. We didn’t say we will disobey otherwise we would have not appealed. We are before the Appeal of Enugu state and that of Abuja. We have also filed a stay of execution. So, we are still the Governor and Deputy Governor of Ebonyi State.”