By Goodluck Ikiebe in Abuja.
Nigeria’s ruling party, the All Progressives Congress(APC) has kicked against the judgement made by Hon. Justice Inyang Ekwo of Court 5 of Federal High Court FCT, Abuja which sacked the Governor of Ebonyi state Governor, Chief David Umahi and his Deputy, Igwe for defecting from PDP to the party.
APC Director of Publicity, Salisu Dambatta, in a statement, in Abuja on Tuesday, noted that the crux of the matter was a suit by People’s Democratic Party, PDP, seeking to sack the Governor of Ebonyi State, Chief David Umahi, and his Deputy for defecting to the All Progressives Congress ( APC).
“The parties raised issues for determination which all bother on whether or not defection to another political party from a party that elected the Governor or his Deputy amounts to a breach of any section (s) of the constitution or the Electoral Act that should warrant a Judicial interpretation, raising declaratory and or injunctive orders against the Governor of a State and or his Deputy”.
According to him, “The Presiding Judge committed a glaring judicial error by giving judgement sacking a duly elected and sworn-in Governor and his Deputy without relying on or citing any provision(s) of the constitution of the Federal Republic of Nigeria or any provision of the Electoral Act that empowers the court to sack a sitting Governor and or his Deputy. This is purely a travesty of Justice”.
He explained that the Court failed, refused and or neglected to understand the clear difference between a Governorship candidate of a Political Party as contemplated by the Electoral Act and a Governor of a State duly sworn in as contemplated by the Constitution of the Federal Republic of Nigeria.
“The Court presided by Hon. Justice Inyang Ekwo further went ahead to rely on the outdated authority of Amaechi v INEC( Omegha case) without exercising the Judicial power of Judicial distinction between pre-election/ election matters and this matter of elected Governor defecting to another Political Party”.
“He chose not to appreciate or he lacked the understanding of the difference between a Governor of a State and Governorship candidate of a Political Party. The Electoral Act and the judgement in Amaechi v INEC contemplate who is the right candidate of the Party and not the issue of defection, as you all know, neither Amaechi nor Omegha raised issue of defection to another Political Party.
He described as “absolutely rediculous and questionable that a judge could decide a weighty matter such as conditions for sacking the Governor of a State without relying on any express provision of the Constitution or Electoral Act or Judicial Authority; either of superior courts or even courts of coordinate jurisdiction”.
Dambatta recalled that a State High Court sitting in Ebonyi State presided by Hon. Justice Henry Njoku had given judgement on the issues sought in “this Ekwo Judgement”.
” The Governor of Zamfra State was recently given a clean bill of health in the matter for which this same issue of defection was sought to be determined.
“In that case the Federal High Court, in its well considered judgement stated that there is no provision in any law of the land or the Constitution of Nigeria that empowers any court in Nigeria to sack or tamper with the office of a siting Governor and or Deputy for the reason of defection to another political party.
“We therefore urge the people of Ebonyi State, the associates and fans of the visionary Governor of Ebonyi State, Chief David Nweze Umahi,to go about their normal business and disregard the outcome of the Ekwo Judgement as being dead on arrival and having no iota of effect on the rest of the matter as the Governor is sitting solidly and undistracted,”,the APC image maker said.
Edited by Dada Ahmed.
