Defection: Why Umahi, Deputy Might Lose At Enchantment Court docket — Sagay
Prof. Itse Sagay (SAN), Chairman, Presidential Advisory Committee In opposition to Corruption (PACAC), has mentioned Ebonyi State governor, David Umahi, and his deputy, Kelechi Igwe, who had been sacked final week by Justice Inyang Ekwo of a Federal Excessive Court docket, Abuja, on the grounds of their defection from the Peoples Democratic Occasion (PDP) to the All Progressives Congress (APC), could lose their case on the Court docket of Enchantment.
Within the discover of enchantment earlier than the Court docket of Enchantment ABJ/CS/920/2021, Umahi and his deputy requested the appellate courtroom to put aside the judgment, stating that the Federal Excessive Court docket erred when it mentioned 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 isn’t any 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.”
Additionally they mentioned, “The decrease courtroom erred in regulation and overruled the choice of the Supreme Courtof Nigeriawhenitheldthat possession of votes solid throughout thegovernorshipelectionof 2019 belongstothe1strespondentand not the appellants.”
They argued that “the Hon trial courtroom relied on AMAECHI v. INEC and FALEKE v. INEC when identical are not the regulation on the possession of votes solid in an election”.
Nonetheless, talking with Day by day Impartial, Sagay mentioned it’s doubtless that the judgment by the Federal Excessive Court docket could also be sustained by the Court docket of Enchantment.
He mentioned Umahi could have an issue within the Court docket of Enchantment as a result of the judgment was consistent with the Supreme Court docket ruling that eliminated Celestine Omehia and put in Chibuike Amaechi as Rivers State governor.
He mentioned, “I positively know there can be an enchantment on that floor that there is no such thing as a particular point out of that within the structure. The choose solely did it by implication. It’s permissible in regulation to do it; when the regulation takes off from one level, you may lengthen it to a different level by implication. I feel 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”.
“Should you return to that precept alone, then it was the PDP that was elected. That Amaechi’s judgment was a governorship case too identical to this one on Ebonyi and it’s a very sturdy level to face on.
“So, from the look of issues, Umahi could have drawback within the Court docket of Enchantment as a result of the PDP attorneys will argue that this choice that’s being appealed in opposition to 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 feel there’s a pretty good probability that this judgment can be sustained”.
On the decision by the PDP that Umahi ought to resign now, Sagay mentioned 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 by which to enchantment. As soon as he appeals inside the 21 days, then he can keep in workplace all through the course of the enchantment,” he mentioned.
Supply:- Impartial Ng