The governor of Ebonyi State, Mr. Dave Umahi, has hired 18 senior lawyers to upturn his removal by a Federal High Court judge.
Recall that Justice Inyang Ekwo of the FHC, Abuja had on Tuesday, March 8, 2022 removed Umahi and his deputy, Eric Igwe and restrained them from parading themselves as governor and deputy governor of the state on the grounds that they contested the 2019 governorship poll on the platform of the Peoples Democratic Party (PDP).
He said by defecting to the APC, they could not transfer the votes in the governorship poll to the PDP.
Justice Ekwo contended that having jettisoned the PDP, both have, also, jettisoned the votes cast for them under the PDP.
He ordered the Independent National Electoral Commission, INEC, to immediately receive PDP’s nominations to replace both men, or organise a fresh governorship election for the state.
Umahi attacks judge
Reacting to the ruling, the governor described it as jungle justice, fearing that it must have been purchased.
“I have listened to the judgment of Ekwo and it is very obvious that he was on a mission. He was making all efforts to upturn the rulings of the Supreme Court and Appeal Court on issues like this.
“We heard the rumours before now, that he was determined to give judgment against all known laws and the Constitution, first to embarrass APC, secondly, to embarrass the Federal Government.
“He has murdered justice in this country and he well remembered, and his generation, for this jungle justice, which has no leg to stand.
“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 the National Judicial Council (NJC) and we will follow it up at all cost to ensure that this man is brought to justice,” he said.
He added that nobody could remove him from office.
Assembles legal team
Yesterday, the governor announced that he and his deputy had engaged the services of no fewer than 18 SANs to appeal the ruling of the FHC.
Speaking to his supporters at Udensi Roundabout in Abakaliki, yesterday, Umahi said: “We are before the Appeal in Enugu and we are before the Appeal in Abuja, and we have also filed a stay of execution. So, we are still the governor and deputy governor of your state.
“We have engaged eight Senior Advocates of Nigeria (SANs) to proceed to Abuja. We have engaged 10 SANs to proceed to Enugu. We have confidence in the judiciary and I know they will do the right thing.
“The same thing goes with the house of assembly. I made it very clear that the Supreme Court has said that for any defection in the legislative Houses, the presiding officer, who is the speaker or the senate president, has the duty, and not the court, to declare the seat vacant. And so, we have appealed against that and our house of assembly is still intact.”
In a notice of appeal dated March 9 and filed by Chukwuma Machukwu Ume (SAN), at the Court of Appeal Abuja, the appellants asked the court to set aside the judgment.
The duo has, however, appealed the judgment before the Court of Appeal in Abuja, in a suit marked, FHC/ABJ/CS/920/2021.
The appeal marked FHC/ABJ/CS/920/2021 was predicated on 11 grounds.
The 16 APC members of the state house of assembly who were also sacked by the court also asked the appellate court to set aside the judgment.
In the first ground of their appeal, Umahi and Igwe contended that Ekwo erred in law and misdirected himself when he held that “I have not seen any authority which propounds that where a governor or deputy governor defects, his political party on which platform he was elected into office, he cannot be sued by that political party to reclaim its mandate…Section 308 of the 1999 Constitution did not envisage such a situation.”
The appellants submitted that the trial court set aside the Supreme Court’s decision in “AG Federation v. Atiku Abubakar & 3 ORS (2007) LCN/3799(SC) to the effect that there is no constitutional provision prohibiting President or vice and invariably the governor and or deputy governor from defecting to another political party or meting out punishment for doing same.”
“The trial court was also virtually setting aside the decision of the Supreme Court in Global Excellence Communications Ltd v. Duke (2007) LPELR — 1323 to the effect that state governors and their deputies have immunity against being sued while in office”, they argued.
The appellants maintained that there is no section of the 1999 constitution (as amended) that provides for their removal as governor and deputy governor respectively for reason of defection.
Among other grounds, the appellants argued that the lower court erred in law when it assumed jurisdiction on issue of defection of appellants when it had no jurisdiction over same.
The error, according to Umahi and Igwe, was that the trial court’s interpretation of what amounts to the Federal High Court having the powers of State High Court under the constitution was wrong.
The appellants argued that they were state officers and not federal officers.
The appellants also faulted Justice Ekwo for relying on Sections 68 and 109 of the Constitution in holding that having defected from the PDP to the APC they have offended the provisions of the Constitution and must vacate their offices.
NBA demand apology from Umahi
Meanwhile, the Nigerian Bar Association (NBA) has carpeted Umahi for his uncouth utterances after the FHC ruling.
In a statement by its president, M. Olumide Akpata, the layers’ association described as “unfortunate” and “totally unacceptable” the governor’s attack on the judge.
“Umahi accused the court of murdering justice and also arrogated to himself the judicial powers and magisterial authority to declare the judgment of a court of competent jurisdiction null and void, while unashamedly declaring his intention to disregard the judgment in favour of another. This is impunity of the highest order and executive rascality taken too far.
“We noted with utter dismay, the unfortunate and totally unacceptable reaction of Dave Umahi to the judgment of the Federal High Court, Abuja delivered on March 8, 2022 by Honourable Justice Inyang Ekwo which inter-alia ordered him and H.E. Mr. Eric Kelechi Igwe to vacate the offices of Governor and Deputy Governor, respectively, of Ebonyi State on grounds of their defection from the PDP to the APC.
“While the NBA has absolutely no interest in the outcome of the case in question and will continue to stay away from partisan politics, it is inconceivable that this association that is charged with upholding the rule of law and defending the judiciary would sit idly in the face of this unprovoked and totally unwarranted attack on the judiciary.
“Indeed, the leadership of the NBA has been inundated with calls from a cross-section of well meaning Nigerians who are understandably outraged by the utterances of Dave Umahi and who have rightly demanded that appropriate action be taken to protect the sanctity of the judiciary,” Akpata said.
The NBA demanded an apology from Umahi and a retraction of the comments he made against the “person and judgment of the Hon. Justice Inyang Ekwo of the Federal High Court.
“It is also our demand that this apology and retraction be given as much media coverage as the press conference.”
Ozekhome faults court’s ruling
A senior lawyer, Mr. Mike Ozekhome recated to the FHC’s ruling saying neither a governor nor deputy governor can be removed from office by a court of law for defecting from his political party to another.
In a statement he signed, Ozekhome declared: “The appellate courts have since held again and again that votes cast in an election belong to a live candidate and not the political party which merely serves as a vehicle that enthrone candidates.
“The implication of section 141 of the Electoral Act 2010 (as amended) is that while a candidate at an election must be sponsored by a political party, the candidate who stands to win or lose the election is the candidate and not the political party that sponsored him.
“I, therefore, most respectfully submit (as held by appellate courts) that a political party is merely a vehicle in which a candidate can ride to contest an election and nothing more. The votes belong to the candidate and not the political party. The political party ceases to have any considerable relevance or insolence over a person that has won an election and has been sworn in as a legislator, Governor or President of the entire people, who are far larger than a mere political party.”
He pointed out that Section 308 of the Nigerian Constitution grants absolute immunity to the President, Vice President, Governor and Deputy Governor while in office.
“Consequently, no civil or criminal proceedings could ever sustain against this set of persons, whilst still holding office.
“Going by the above plethora of authorities, I humbly submit that a Governor already sworn in cannot be removed by the Federal High Court through an Originating Summons. It will surely be set aside on appeal,” he added.
