Defection: Why Umahi, Deputy Could Lose At Enchantment Court docket — Sagay
Ebonyi State governor, David Umahi, and his deputy, Kelechi Igwe could lose on the Court docket of Enchantment following their sack final week by Justice Inyang Ekwo of a Federal Excessive Court docket, Abuja.
The court docket sacked them on the grounds of their defection from the Peoples Democratic Social gathering (PDP) to the All Progressives Congress (APC).
Nevertheless, Prof. Itse Sagay (SAN), Chairman, Presidential Advisory Committee Towards Corruption (PACAC), has revealed why he believes Umahi and Igwe could lose their case on the Court docket of Enchantment.
Within the discover of attraction earlier than the Court docket of Enchantment ABJ/CS/920/2021, Umahi and his deputy requested the appellate court docket to put aside the judgment, stating that the Federal Excessive Court docket erred when it stated it had “not seen any authority which propounds that the place governor or deputy governor defects from his political occasion on which platin Abuja, in swimsuit no: FHC/ type he was elected into workplace, he can’t be sued by that political occasion to reclaim its mandate.
“There is no such thing as a provision within the 1999 structure (as amended) which states that governor or deputy governor will vacate his workplace if he defects from his political occasion to a different political occasion.”
In addition they stated, “The decrease court docket erred in legislation and overruled the choice of the Supreme Courtof Nigeriawhenitheldthat possession of votes forged throughout thegovernorshipelectionof 2019 belongstothe1strespondentand not the appellants.”
They argued that “the Hon trial court docket relied on AMAECHI v. INEC and FALEKE v. INEC when identical are now not the legislation on the possession of votes forged in an election”.
Nevertheless, talking with Day by day Unbiased, Sagay stated it’s possible that the judgment by the Federal Excessive Court docket could also be sustained by the Court docket of Enchantment.
He stated Umahi could have an issue within the Court docket of Enchantment as a result of the judgment was in step with the Supreme Court docket ruling that eliminated Celestine Omehia and put in Chibuike Amaechi as Rivers State governor.
He stated, “I undoubtedly know there will likely be an attraction on that floor that there isn’t a particular point out of that within the structure. The choose solely did it by implication. It’s permissible in legislation to do it; when the legislation takes off from one level, you may prolong it to a different level by implication. I believe that’s the reason he’s counting on Supreme Court docket judgment in Amaechi’s case the place it was held that it’s the events which are elected”.
In case you return to that precept alone, then it was the PDP that was elected. That Amaechi’s judgment was a governorship case too similar to this one on Ebonyi and it’s a very robust level to face on.
“So, from the look of issues, Umahi could have downside within the Court docket of Enchantment as a result of the PDP legal professionals will argue that this choice that’s being appealed towards was primarily based on a Supreme Court docket choice and so, neither the Excessive Court docket nor the Court docket of Enchantment can change it. So, I believe there’s a pretty good likelihood that this judgment will likely be sustained”.
On the decision by the PDP that Umahi ought to resign now, Sagay stated the governor can’t resign having appealed the judgment inside the stipulated time.
“He received’t comply by resigning now. What occurred is that in conditions like this, the governor has 21 days through which to attraction. As soon as he appeals inside the 21 days, then he can keep in workplace all through the course of the attraction,” he stated.