BY; MKPUMA ENYINNA, Abakaliki
Court of Appeal sitting in Enugu on Friday, dismissed an appeal seeking Governor David Umahi and his Deputy, Barrister Eric Kelechi Igwe to vacate office, declaring it as unconstitutional and of no effect.
The Appeal Court uploaded the judgement of Ebonyi State High Court, Abakaliki, which quashed a judgement sacking Governor David Umahi and his deputy, Dr Kelechi Igwe, from office for defecting to the All Progressives Congress (APC).
The suit which was filed by Senator Suny Ogbuoji and his running mate, Mr.Justin Mbam Ogodo, the governorship flag bearers of the APC in 2019 general elections in Ebonyi State had through originating summons, asked the Court to hold that the defendant, Governor Umahi, having defected to the ruling party, APC from the PDP, ought to vacate the office as governor and deputy governor so that they would be sworn-in having come second in the 2019 election in Ebonyi State.
Delivering judgement on the matter earlier few months ago, at Ebonyi State High Court, Justice Henry Njoku dismissed the suit for lacking in merit.
He ruled that having regard to section 188 (1) of the 1999 Constitution as amended, the defendants, Governor Umahi and Deputy, had not offended any provision of the Constitution or the Electoral Act in defecting to the APC.
The High Court further held that having regard to section 308 of the Constitution, it was even wrong to institute criminal or civil proceedings against the office of the Governor or Deputy Governor.Not satisfied with the judgement, the plaintiffs,Sen. Suny Ogbuoji and his running mate,Justin Mbam Ogodo, on 7th March 2022, filed an appeal against the judgement, at Enugu judicial division of the Appeal Court.
The Appeal Court on Friday affirmed the ruling of the Abakaliki High Court, stating that Governor Umahi and his deputy did not offend any provision of the constitution or the Electoral Act, as there is no consequence under the law against the defection of the holder of the office of the President, Vice President, Governor or Deputy Governor, to another political Party from the party that sponsored the election that brought him or her to office.
The Appellate Court in a unanimous judgement delivered by a three-man panel led by Justice J O K Oyowole held that the defection of a political office holder may appear immoral, but it was not the duty of the Court to embark on an investigation or probe into the provisions of the laws, warning that judicial activism must not be turned into judicial rascality.
The Appellate Court further held that there is no provision in sections 180, 188 or 189 of the 1999 constitution as amended, that empowers the Court to remove either a seating governor or the deputy.
According to the learned Justices, the defection of an office holder is not novel to Nigeria’s judicial jurisprudence.
The Court, however, dismissed the appeal and awarded two hundred thousand (#200,000) naira against the appellants.
Reacting to the judgement, Counsel to the Defendants, Barrister Roy O. U Nweze, applauded the judgement, saying, it will be a reference point all over the country.Also, the Appellant’s Counsel, Ogbonnaya Okorie appreciated the industry of the court in delivering the judgement, adding that he would study the judgement and advice his clients.
Also, the Ebonyi State Commissioner for Information and State Orientation, Barrister Uchenna Orji, said the judgement was a demonstration of the capacity of the appellate Court to protect the rule of law as well as the principles of separation of powers.
It would be recalled that a Federal High Court sitting in Abuja on March 8, announced the sack of Ebonyi State Governor, Engr David Umahi and his Deputy, Barr Kelechi Igwe over their defection from the the Peoples Democratic Party (PDP) to the ruling All Progressives Congress.
