Defection: I won’t obey court order, sacked Umahi insists

Kehinde Osasona, Abdulrahman Zakariyau, Abuja and Amarachukwu EgwuAgha, Abakaliki

 

 A Federal High Court  sitting in Abuja has sacked Ebonyi state Governor David Umahi,  his deputy, Dr. Kelechi Igwe and 17 state lawmakers from office over their  defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) last year.

Justice Inyang Ekwo made the declaration Tuesday while ruling on the defection suit instituted by the PDP.

But in his reaction, Governor Umahi  vowed he, alongside other defectors, would not leave office as pronounced by the court  because of what he described a subsisting order  from the state High Court and similar one on  Zamfara state.

The governor, who described the judgement, was targeted at embarrassing the APC and the federal government, alleged bias against the trial judge.  

Previous judgement

Justice Henry Njoku of an Ebonyi High Court, Abakaliki, had, in a ruling Monday last week,  upheld the defection of the governor, saying he did not violate the 1999 Constitution or the Electoral Act.

Umahi, had, November last year, crossed over from the PDP to the APC, following which the APC governorship candidate; Senator Sonni Ogbuoji approached the court by way of originating summons.

In the originating summons, Ogbuoji asked the court to hold that the governor, having defected to the APC from the PDP, ought to vacated office.

He, therefore, prayed the court to order his swearing-in, having emerged as the runner-up in the 2019 governorship poll.

The verdict   

But in another judgement Tuesday, Justice Ekwo declared that the defection of Governor Umahi and his deputy from the PDP to the ruling APC was illegal, null and unconstitutional. 

The trial judge noted that the crux of the matter was the defection of the third and fourth defendants being Umahi and Igwe respectively, from the PDP to the APC. 

The court said the averrements of the defendants did not address the issue of defection rightly and frontally, but rather resorted to general denial to affidavit evidence.

Justice Ekwo said the depositions of the duo in their counter affidavit were “evasive and insufficient” to competently challenge the plaintiff’s originating process. 

It was the opinion of the court that the “Immunity Clause” in Section 308 of the Constitution is not absolute.

“Section 308 is a veritable constitutional shield” and not for political reasons. 

 The court ruled that Umahi and Igwe did not controvert the deposition that total votes scored in an election belonged to a political party.

Justice Ekwo said evidence abound that the 2nd defendant (APC) contested the Ebonyi state governorship election held March 2019, with its own candidates. 

“It can be noted that the Constitution does not deal with the issue of defection lightly” the court stated. 

 “The 3rd and 4th Defendants cannot transfer the votes and victory of the Plaintiff on March 9, 2019, to the APC. Office of the Governor and Deputy Governor of Ebonyi state belongs to the PDP. 

 “The option for Umahi and Igwe is to vacate office and wait for next election to contest election under the platform of its new party,” the court declared. 

 The court said the act of the APC, Umahi and his deputy was aimed at dismantling the 1999 Constitution.

 Consequently, the court declared that under the democratic system operated in Nigeria, the plaintiff won the majority of votes during the election and is entitled to enjoy same till the end of tenure of office for which the election was made.

 I’m going nowhere – Umahi

Reacting to the judgement, Governor Umahi said he remained the governor of the state, insisting he won’t obey the court order.

The governor said: “There is nothing to worry at all. In the first place, there is no constitutional provision for any hatchet man to remove a Governor. There are three ways whereby a Governor can vacate his seat; either by death, resignation or impeachment by the House of Assembly. There is no any other constitutional provision that empowers a hatchet man to turn the constitution and the law upside down.

“I have listened to the judgment of Ekwo and it is very obvious that he was on a mission, he was making all effort to upturn the rulings of the Supreme Court and Appeal Court on the issues like this. We have heard the rumours before now that he was determined to give judgment against all known laws and the constitution; first, to embarrass APC, two to embarrass federal government.

 “For me, I do not feel worried but I feel so sorry for the judiciary. The Executive may have problems, the Legislature may have problems 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.

“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 before NJC and we will follow it up at all cost to ensure that this man is brought to justice. I want you to disregard the judgment, it is null and void. There is a subsisting judgment in Zamfara state and there is also a judgment in Ebonyi state. So, we have chosen the one to obey, we will not obey his ruling. We will obey the ruling of a competent court of equal level that says you cannot sue a governor.

“The sections of the constitutions are very clear, no criminal or civil proceedings could be brought against a sitting governor. This is not a pre-election matter, this is not a tribunal matter and so, he has murdered justice in this country and he will be remembered, 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,” the governor insisted. 

‘EBSG‘ll appeal’  

Meanwhile, the state government has vowed to appeal the judgement, describing the verdict as a travesty of justice.

 Fielding questions from journalists after the verdict, the state’s Commissioner for Information and Orientation, Uchenna Orji, who spoke on behalf of the state government, hinted that the governor and his deputy would appeal the judgement.

According to Orji, a court of coordinate jurisdiction in Ebonyi had before now, made a pronouncement on the matter, saying the Constitution has no provision on defection for governors or has not made it an offence for a governor to defect from one party to another.

 “I am surprised that the Federal High Court Abuja did not cite any provision in the Constitution, instead, the court cited provisions of the Electoral Act,” Orji said.

He submitted that the moment a candidate was sworn in as a governor, he becomes governor of the state and not political party.

 “We have a lot of choices and we are relying on the decision of a court of coordinate jurisdiction. We can also test the veracity of the Federal High Court decision today at the Court of Appeal. So, I want to tell Ebonyi people that there is no cause for alarm,” Orji further stated.

Judgement contradictory – Counsel  

In a similar reaction, counsel to the defendant, Chukwuma Nwachukwu Ume (SAN), described the judgement as contradictory to the constitution and Supreme Court ruling. 

Speaking to journalists in Abuja, he said: “There is no provision against defection of the president, vice president or even the governor, or deputy governor, so the court in making judgement is different from that of the Supreme Court, it is obvious. All the issues we raised were carpeted and plaintiff hyperbole leading to this judgement.”

“Of course it goes to no issues. We are certainly going to appeal against the judgement. The constitution says defection is handled in the house. It is tabled before the house, and there is no evidence that the defection was tabled in the house under.”

But another silk, Yunus Ustaz Usman said Umahi and his deputy can approach the appellate court for final determination.

 In a chat with Blueprint, Usman said: “Every Judge has right and jurisdiction to give judgment on matters as he deemed fit. Until one reaches the last appellate court for final determination, you cannot know fully what the position of the law is.”

 Also speaking, Yusuf Ola-Olu Alli, SAN said he would not comment yet until he reads the judgment.

“My standing policy is that any judgment that I have not read I won’t comment, and that has been my long standing policy,” Alli said.

PDP excited

Meanwhile, the opposition PDP has nominated replacements for the duo of Umahi and his deputy.

They are Hon. Iduma Enwo Igariwey and Fred Udeogu  as governor and deputy governor respectively.

PDP National Chairman Dr Iyorchia Ayu  disclosed this at a world press conference Tuesday in Abuja.

He commended Justice  Ekwo for being courageous and forthright in going for the substance of the law rather than the technicalities.

 Ayu, who described the judiciary as the backbone of Nigeria’s democracy, said the ruling would bring order in the political space and check the issue of political rascality and stolen mandates. 

He also called on the Independent National Electoral Commission (INEC) to immediately issue Certificates of Return to the PDP nominees.

He continued: “We also want to single out Justice Inyang Ekwo for special recognition, particularly for being courageous and forthright in going for the substance of the law rather than the technicalities.

 “And in line with the court order, PDP is immediately submitting to INEC the names of our candidates for Governor and Deputy Governor of Ebonyi state respectively.

 “We are also calling on INEC to immediately issue the Certificates of Return to the PDP nominees as a replacement for Messrs Umahi and Igwe pursuant to the Order of the Honourable Court.

“Furthermore, we call on the Chief Judge of Ebonyi state to immediately swear them in as soon as INEC issues the requisites Certificates of Return.

“And lastly, we call on INEC to immediately withdraw the Certificates of Return from the 17 lawmakers and commence the process of conducting bye-elections to replace them.”