The Governor of Ebonyi State, Engr. Dave Umahi, alongside his deputy, Dr. Eric Kelechi Igwe, have both approached the Appeal court in Abuja, seeking redress over a ruling of a Federal High Court, Abuja which sacked them from their respective position, Tuesday.
Umahi and Igwe, in a suit marked FHC/ABJ/CS/920/2021, argued the court disregarded a subsisting judgement as well as the constitution which does not prohibit president or vice and invariably the governor and or deputy governor from defecting to another political party.
The duo in an eight grounds of appeal against the lower court’s judgment, argued that the trial court has set aside the Supreme Court’s decision in the case involving the Attorney General of the Federation and former vice president, Atiku Abubakar, to the effect that there is no constitutional provisions prohibiting president or vice and invariably the governor and or deputy governor from defecting to another political party.
They averred that the trial court erred in law when it relied 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 respective office.
Umahi and his Deputy further argued that there is no provision in the constitution that states that a governor or deputy governor will vacate his office if he defects from his political party to another political party, asking the appellate court to set aside the judgement of the Federal High Court.
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.
“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.”
