Ebonyi State Governor David Umahi and his Deputy, Kelechi Igwe, have filed an appeal before the Court of Appeal in Abuja, asking the appellate court to set aside the judgment of Justice Iyang Ekwo, who ordered their removal from office.
The judge had directed their removal on the grounds that they defected from the Peoples Democratic Party (PDP), the platform that brought them to office and joined the All Progressives Congress (APC), saying that the votes they received during the poll belonged to the PDP
But Umahi and his deputy have hired eight Senior Advocates of Nigeria (SANs) to pursue the matter while the lawyers have anchored their complaints on eight grounds of appeal for the court’s determination.
Ebonyi Governor and his deputy have insisted that Justice Ekwo erred in law in his judgment, saying that the judge caused a grave miscarriage of justice against them.
They also argued that judge, in ordering them to vacate their offices, based on the suit, marked FHC/ABJ/CS/920/2021, attempted to overrule a subsisting decision of the Supreme Court in AG Federation v. Atiku Abubakar & 3 ORS (2007) LCN/3799 (SC).
The appellants also contended that the apex court had in its decision, held that no constitutional provision prohibited a sitting president or vice president, and invariably, governor or deputy governor, from defecting to another political party.
According to Umahi and his deputy, Justice Ekwo erred, when he held thus: “I have not seen any authority which propounds that where a governor or deputy governor defects his political party on which platform he was elected into office, he cannot be sued by that political party to reclaim its mandate… Section 308 of the 1999 Constitution did not envisage such a situation.”
The appellants further argued that the trial judge ought to have dismissed the case of the PDP in view of the clear provision of Section 308 of the 1999 Constitution (as amended).
They said, “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.
“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.
