BY SEGUN ADEBAYO – In a legal battle that could possibly increase the number of serving governors in its ranks, the Peoples Democratic Party (PDP) has approached the Federal High Court in Abuja for an order sacking from office the Governor of Yobe State, Mai Mala Buni, and his deputy, Idi Barde Gubana.
The nation’s main opposition party is seeking the Court’s declaration to replace Buni and Gubana with its candidates, Ambassador Umar Iliya and his running mate, who contested the 2019 gubernatorial election in Yobe State.
The PDP’s request, contained in a suit, marked FHC/ABJ/CS/885/2021 and field by its lawyer, Emeka Etiaba (SAN), is relying on the recent judgment of the Supreme Court in the dispute over the governorship election in Ondo State.
According to the PDP, Governor Buni violated Section 183 of the Constitution when, being a sitting governor, he accepted to serve as the Chairman of APC’s Caretaker Committee, arguing that Buni ceased to be the Yobe State Governor from the time he accepted the nomination.
Others listed as plaintiffs in the suit with the PDP are Umar Damagum and Baba Aji. In their submissions, they raised four questions for the court to determine in their favour. These include: Whether the first defendant (Buni) did not breach the clear provisions of Section 183 of the Constitution when, as the Governor of Yobe State, he accepted the third defendant’s (APC’s) appointment as its Caretaker Committee ‘Chairman and proceeded to occupy the office;
*Whether the first defendant, who is the Governor of Yobe State and the Caretaker Committee Chairman of the third defendant has not ceased to hold the office of the governor of Yobe State having regards to the provisions of Section 183 of the Constitution;
*Having regard to the judgment of the Supreme Court Eyitayo Olayinka Jegede and another, and Independent National Electoral Commission (INEC) in Appeal No: SC 448/2021 delivered on July 28, 2021, whether the first defendant, who is the Governor of Yobe State and the Caretaker Committee Chairman of the third defendant has not ceased to hold the office of the Governor of Yobe State?; and
*Having regard to the clear provisions of Section 187 (1) of the Constitution and the state of the law, whether the second defendant can lawfully occupy the office of the governor or deputy governor of Yobe State upon the cessation of the first defendant’s occupation of the Yobe State governor’s office.
The defendants listed in the court case are Buni, Gubana, APC, and the Independent National Electoral Commission (INEC).
