The Appeal Court sitting in Enugu, Friday dismissed the suit filed by the candidate of the All Progressives Congress, APC, Ebonyi State, in the 2019 Governorship election, Senator Sonni Ogbuoji and his Deputy, Chief Justin Ogbodo Mbam, which demanded the Court to declare the seats of Governor David Nweze Umahi and his Deputy, Dr Kelechi Igwe vacant on account of their defection from the Peoples Democratic Party, PDP to the APC.
Umahi and his deputy Igwe in November 2020 defected to the All Progressive Congress(APC) from the Peoples Democratic Party (PDP).
Following their defection, the candidate of the APC in the 2019 Governorship election, Senator Sonni Ogbuoji, and his running mate, Justin Ogbodo Mbam, approached an Ebonyi High Court seeking the sack of the Governor and his Deputy.
The plaintiffs prayed the court to declare the seats of Umahi and Igwe vacant on account of their defection from the PDP to the APC.
Ogbuoji and Mbam also demanded the Court order that they are sworn in immediately as Governor and Deputy having emerged second in the said election.
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But the High Court, in a judgment on February 28, struck out the suit and awarded N500, 000 as damages against the plaintiffs.
Not satisfied with the ruling, the plaintiffs appealed the decision.
In a 37 minutes ruling, the Judge, Justice A.O Belgore assisted by justices Oyewole and S. N Gbagi dismissed the suit for being inconsistent with the constitution and extant laws of the country.
The lead judge, Justice Belgore further pointed out that the removal of elected officials, in this case, Governor Umahi and his deputy, lies in the hands of the legislature and must be in line with the constitution of the Federal Republic of Nigeria, as amended.
The judge specifically sighted section 308 of the Constitution and pointed out that no legal action can be taken against a sitting president and vice president, governor and his deputy.
He, therefore, dismissed the appeal with an N200,000 fine against the defendant.
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 Court further explained that there was no provision in sections 180, 188 or 189 of the 1999 constitution as amended, that empowered the Court to remove either a seating Governor or the Deputy from office.
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 (N200,000) 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, Barr Orji 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.
He further described it as a victory for democracy.
Also, the State Publicity Secretary of the APC, Simbad Ogbuatu noted that the Party was dedicating “the judgement to all men of goodwill that condemned the abuse of Court Process by the lower court.”
According to him, “By the verdict of the Federal Appeal Court, Enugu upholding the position of Ebonyi State High Court that Governor Umahi and Deputy cannot vacate office for defecting to APC from PDP is a true position of the law, and the judgement has gone a long way to rekindle the people’s confidence in the court as the last hope of a common man.
“With every sense of respect, we the APC family in Ebonyi State wish to appreciate the great men and women of this country for lending their voices; we thank the great Ebonyians for their unprecedented support and solidarity shown during this period.
“It is very pertinent to note authoritatively that Nigeria’s judicial system remains the last hope of a common man; we are grateful to God who did not allow the abuse of court process stand.
Let me specially thank the leader of APC in Ebonyi State, His Excellency, Engr Chief David Nweze Umahi, Executive Governor of Ebonyi State, for believing maximumly in the efficacy of the Nigeria judiciary system.
“Lastly, I want to call on Ebonyians to continue to support APC led Government in Ebonyi State ably led by His Excellency, Engr Chief David Nweze Umahi Fnse, fnate for he is a true leader backed by God and not a ruler.
“Today’s verdict has laid to rest the unwholesome speculation and a true confirmation that Ebonyi State belongs to APC.”
