Connect with us

Politics

Umahi, Deputy Go To Court, Appeal Against Sacking Verdict

Published

on

Umahi, Deputy Go To Court, Appeal Against Sacking Verdict

Ebonyi State Governor Dave Umahi, and his deputy, Dr Eric Kelechi Igwe, on Wednesday, appealed against the Federal High Court judgement that sacked them from office.

Umahi and his deputy were on Tuesday sacked on the grounds of their defection from the Peoples Democratic Party to the All Progressives Congress.

Appealing against the decision before the Court of Appeal in Abuja, in Suit No: FHC/ABJ/CS/920/2021, Umahi and his deputy stated that the Federal High Court erred when it said it had “not seen any authority which propounds that where governor or deputy governor defects from his political party on which platform he was elected into office, he cannot be sued by that political party to reclaim its mandate.”

The appellants said: “The Hon 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 are no constitutional provisions prohibiting president or vice and invariably the governor and or deputy governor from defecting to another political party.

READ  ALSO: PDP Names Igariwey As Replacement For Governor Umahi

“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.

“The respondent’s cause of action at the court below was defection of the appellants from the PDP on which platform they were voted into office to the APC.

“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 also said 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.

The appellants, in their suit, stated 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).

“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

“There is no provision in the 1999 Constitution (as amended) which state that governor or deputy governor will vacate his office if he defects from his political party to another political party.”

They also said, “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 not the Appellants.”

READ ALSO: I Won’t Quit As Governor Despite Court Sacking Me – Umahi

They argued that, “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….””

In ground four, they said, “The Hon trial court erred in law when it held that the Appellants are deemed to have been resigned from their Offices as Governor and Deputy Governor of Ebonyi State.”

Messrs Umahi and Igwe also argued that the judgment erred in Grounds 5, 6, 7 and 8. They, thus, asked the Court of Appeal to set aside the judgment of the Federal High Court.

 

Read more authentic news on our social media platforms

Continue Reading
Click to comment

Politics

BREAKING: Crisis Looms As 13 Political Parties May Withdraw From 2013 Elections

Published

on

Buhari To Borrow N1tr From CBN, Seeks N819.5b Supplementary Budget

A political crisis is brewing over the current cash crunch as 13 political parties have threatened to withdraw from the 2023 general elections.

They said that they would not participate in the elections scheduled for February 25 and March 11 if the Central Bank of Nigeria (CBN) extends the February 10, 2023 deadline for naira swap.

This threat was issued in a statement by National Chairman of the Action Alliance, Kenneth Udeze, on Monday, February 7, 2023.

READ ALSO:  Supreme Court Declares Senate President Lawan As APC Senatorial Candidate

The redesign of the N200, N500, and N1,000 banknotes was lauded by the coalition of political party chairmen, who also urged that the policy must remain in place.

Udeze at a press briefing, said, “We hereby announce that at least 13 out of the 18 political parties in Nigeria will not be interested in the 2023 general elections and indeed we shall withdraw our participation from the electoral process if this currency policies are suspended or cancelled or if the deadline is further shifted.”

The CBN had already stated that it would not extend the deadline for the use of old naira notes.

During a briefing on Friday at the apex bank’s office in Lagos, Godwin Emefiele, CBN governor, said the CBN, as well as deposit money banks (DMBs) were working to address the current challenges with the circulation of the new currency notes.

The CBN had issued a deadline of January 31 for the use of the old naira notes, but it was recently extended to February 10.

Emefiele said: “I want to say unfortunately again, this time, we will not be looking at the extension of the deadline because we are the central bank and the deposit money banks are doing everything to address the challenges.”

 

Continue Reading

Politics

BREAKING: Supreme Court Declares Senate President Lawan As APC Senatorial Candidate

Published

on

Senate President Ahmed Lawan

The Supreme Court on Monday declared Senate President Ahmed Lawan as the All Progressives Congress (APC) senatorial candidate for Yobe North in the forthcoming 2023 general election.

In a majority judgment delivered on Monday, the apex court allowed the appeal filed by the APC against Bashir Machina’s candidature.

Continue Reading

Politics

Oyetola’s Victory Threatened As INEC Opens Up On Osun Guber Poll

Published

on

Oyetola Stops Prosecution Of Attackers Of APC Secretariat

The victory of  Adegboyega Oyetola of the All Progressives Congress (APC) at the Osun State Election Petition Tribunal is being threatened with fresh revelations by a former Director of Voter Education and Publicity of the Independent National Electoral Commission, Oluwole Osaze-Uzzi..

READ ALSO:Tribunal Sacks Adeleke, Declares Oyetola Osun Governor

Thetribunal judgment sacked Ademola Adeleke of the Peoples Democratic Party as the winner of the 2022 governorship election in the state.

The tribunal had on Friday ruled and nullified the election of Adeleke and directed INEC to withdraw his certificate of return and issue a new one to Adegboyega Oyetola of the All Progressives Congress.

READ ALSO:Oyetola Left Behind Over N40b Debts – Adeleke

But during an appearance on Channels TV’s Sunrise Daily on Monday, Osaze-Uzzi said the discrepancy in the 2022 Osun State governorship election, as it related to the BVAS, was owing to the fact that the APC obtained an incomplete report upon which the judgement was based.

“The second member [of the tribunal] – the Honourable Justice who dissented from his two colleagues – said, ‘I would rather use the primary source of this information, and the primary source of this data is actually the machine itself.

“lt is basically a computer. So, rather than go to the server where it transmitted data, I would use the printout from the machine itself,” he said.

He added: “The machines were tendered, so were the reports from the server, and there ought not to have been a discrepancy, but somewhere along the line, not all the data had been transmitted at the time the APC obtained the certified copy of the initial server report.”

“It was BVAS that exposed that as it were, and the fact that the BVAS report was relied on. But we have to be careful; which of the BVAS reports was relied on? Was it what was transmitted to the server – to the backend – or was it the BVAS itself?”, he further stated.e

He said there was a need to break the verdict of the tribunal, adding that the majority of the tribunal members – “the chairman and the second member” – relied on the initial report and the initial report of the backend, duly certified by INEC.

Osaze-Uzzi explained that the APC obtained a certified copy of the initial server report while the remaining data was transmitted by the BVAS hardware.

“It was downloaded from the server [after it was] transmitted. But a couple of days later – INEC used the word ‘synchronised’, I’m not too sure I like that word, but – you synchronise it and say, ‘Have all the results been transmitted – has all data been transmitted from the machine, BVAS itself, to the server?’

“The machine is a physical one and then it transmits to a physical one. It now went, checked and said, ‘There’s a problem here.’ The BVAS report now downloaded itself, [we] now brought it out and examined each BVAS machine and now found out that no, some data was not transmitted to the server,” the ex-INEC director said.

Osaze-Uzzi, however, encouraged stakeholders to be optimistic about the use of BVAS as it exposed the over-voting in the election as ruled by the tribunal, describing the judgement as a validation of the role BVAS has played in enhancing the electoral process.

Read more authentic news on our social media platform

Continue Reading

Top Stories

%d bloggers like this: