Anarchy looms in Ebonyi as former Gov. Umahi resists court pronouncement

A judgement of a Federal High Court sitting in Abuja, the Federal Capital Territory (FCT), which removed Governor Dave Umahi of Ebonyi State, including Deputy Governor Eric Igwe, may have thrown the state into looming anarchy. This is more so as the former Governor Umahi has resisted to obey the order of the court. Moreover, the judgment of the court compounds the leadership crisis in Ebonyi State when the court also removed the speaker of the Ebonyi State House of Assembly from office, as well as ordering the other lawmakers to vacate their seats. The judgment was delivered on the suit challenging the defection of former Governor Dave Umahi, the former Deputy Governor, Eric Igwe, including the former speaker of the House and 17 lawmakers, with the mandate of the Peoples Democratic Party (PDP) to the ruling All Progressives Congress (APC).

Former Governor Umahi, in a seeming executive lawlessness, stated that Justice Inyang Ekwo lacks the power to remove him from office and has put the judiciary on trial.

The Commissioner for Information in Ebonyi State, Orji Uchenna Orji Francis, had argued that the judgement was a travesty of justice, saying that there is no provision of the constitution makes defection an offence. The Information Commissioner on ARISE Television News on Tuesday night monitored from Lagos by National Daily, argued that once a governor has been sworn into office, the court cannot remove the governor.  The commissioner also claimed that they still have 90 days in office, saying they are going on appeal.

Umahi had further accused the presiding Judge of the Federal High Court of being on a mission to embarrass Ebonyi State and embarrass the APC. The former governor also argued that there are pending judgements of court of coordinate jurisdiction, including Supreme Court judgements, there were in favour of defection.

According to Umahi: “Justice Ekwo was on a mission, making efforts to upturn the rulings of the Supreme Court and Appeal Court… We have heard rumours that he was determined to make judgment to embarrass the Ebonyi government, embarrass the APC…

“He has 10 cases involving Ebonyi State government with him. You can imagine the judgment he will deliver’

“I want you to disregard the judgment. There are other judgements that are persisting. We can choose the one to obey, and we have chosen one, we have chosen the judgment of a competent court that says you cannot remove a governor…”

National Daily inquiry showed that the court has in past years removed governors from office under certain circumstances. The court removed a PDP governor in Rivers State, Celestine Omehia, and replaced him with Rotimi Amaechi, even when Amaechi never contested the governorship election. Omehia had contested and won the 2007 governorship election on the platform of the PDP after Amaechi was replaced with Celestine Omehia at the PDP primary.

Amaechi approached the court to contest that he was the authentic candidate of the PDP. The court having upheld Amaechi as PDP candidate, ordered the removal of Omehia and inauguration of Amaechi as winner of the governorship election in Rivers State even when Omehia was the sponsored candidate of the PDP. The court made a declaratory judgment that elections are contested by political parties, not individuals.

The court in other instances removed Senator Andy Uba, Dr. Chris Ngige, after they had been sworn into office as governors in Anambra State. Senator Liyel Imoke of Cross River State was also, in election case, removed from office while bye-election was ordered by the court.

Other states where governors were expressly removed from office by the court include Edo State, Osun State, Ondo and Ekiti states.

Umahi has disclosed that he has petitioned the NJC against Justice Inyang Ekwo.

In jurisprudence, there are indications that the judiciary could expand the law. The interpretation of the court could translate into law where there is a vacuum.

The presiding judge of the Federal High Court in Abuja, Justice Inyang Ekwo, in a judgment on Tuesday, ordered the Governor Dave Umahi of Ebonyi State and the Deputy Governor Eric Igwe, to vacate their offices. The judge stated that the PDP won the March 2019 governorship election in Ebonyi State, not its candidate.

The maintained that Governor Umahi and the deputy governor cannot transfer the mandate of the PDP to the APC in their defection to the ruling party.

Justice Inyang Ekwo, citing section 221 of the constitution, ordered the PDP to immediately send names of replacements to INEC so that fresh elections can be conducted.

Justice Ekwo also ordered the Independent National Electoral Commission (INEC) to cease from recognising Umahi and Igwe as the governor and deputy governor of the Ebonyi State.

Justice Ekwo, in the judgement, declared that the defection of Umahi from the PDP to the APC was illegal, null and unconstitutional.

The Judge, accordingly, ordered INEC to receive names of candidates from the PDP to replace Umahi and Igwe.

In the absence of the governor, the next two state actors, the deputy governor and the Speaker of the State House of Assembly, who would have acted to fill the vacuum,  were also sacked by the court.  However, Justice Inyang Ekwo delivered a declaratory judgement with clear direction.

Some legal practitioners have stated that the continuous stay in office by former Governor Dave Umahi is tantamount to contempt of court, for which a former President of South Africa, Zacob Zuma, was sentenced to imprisonment in that country.

How long will former Governor Umahi defy and resist court order after he has lost his immunity as governor, is the question many stakeholders are asking across the country. Nigerians are watching if President Muhammadu Buhari would subscribe to executive lawlessness, resistance to the rule of law, and crude disregard to court order and support former Governor Umahi for chosen disrespect of the judiciary.

Former governors Peter Obi, Rashidi Ladoja of Anambra and Oyo states, respectively, contested their illegal impeachment after had vacated office, went on appeal unto the Supreme Court, they won and were restored. They showed respect for the rule of law.