Court Sacks Ebonyi State Governor Umahi And His Deputy

 A Federal High Court in Abuja has ordered the Ebonyi State Governor, Dave Umahi and his deputy, Eric Igwe, to vacate their seats as the sitting governor and deputy independently, on grounds that the Peoples Democratic Party (PDP) won the election on March 2019 and not its seeker. 

 

 Having defected to the All Revolutionaries Congress (APC), Governor Umahi and his deputy can not transfer the accreditation of the PDP to the APC. 

 Citing section 221 of the constitution, Justice Inyang Ekwo ordered the PDP incontinently shoot names of reserves to INEC so that fresh choices 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. 

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 Delivering judgement in the case, the presiding judge, Justice ordered the governor and his deputy to vacate office, adding that their dereliction was illegal, null and unconstitutional. 

 He ordered INEC to admit names of campaigners from the PDP to replace Umahi and Igwe. 

 

 The governor and his deputy defected from the PDP on whose platform they were tagged into office in the 2015 and 2019 general choices to the APC. 

 Determined to reclaim its accreditation, the PDP sued the Umahi, Igwe, the APC and INEC. 

 

 The court noted that the crux of the matter was the dereliction of the 3rd and 4th from the PDP to the APC, adding that the averments of the 3rd and 4th Defendants didn't address the issue of dereliction correctly and frontally but rather resorted to general denial to affidavit substantiation. 

 Justice Ekwo said the grounds of the 3rd and 4th Defendants in their counter affidavit were “ fugitive and inadequate” to adeptly challenge the Plaintiff’s forming process. 

 

 It was the opinion of the court that the “ Impunity Clause” in section 308 of the Constitution isn't absolute. 

 The court ruled that “ Section 308 is a veritable indigenous guard” and not for political reasons. 

 

 Justice Inyang said Umahi and Igwe didn't argufy the deposit that total votes scored in an election belong to a political party. 

 He stated that substantiation pullulate that the 2nd defendant (APC) queried the Ebonyi State Governorship election held on March 2019, with its own campaigners. 

 

 “ It can be noted that the Constitution doesn't deal with the issue of dereliction smoothly,” the court stated. 

 “ The 3rd and 4th Defendants can not transfer the votes and palm 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 stay for coming election to dispute election under the platform of its new party,” the court declared. 

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

 

 Accordingly, the court declared that under the popular system operated in Nigeria, the complainant won the maturity of votes during the election and is entitled to enjoy same till end of term of office for which the election was made.