PDP moves to take over Ebonyi as court sacks Umahi, Igwe, 16 lawmakers

THE Peoples Democratic Party (PDP) Tuesday nominated Iduma Enwo Igariwey to replace David Umahi as the governor of Ebonyi State. 

The development followed the ruling of the Federal High Court in Abuja, which sacked Umahi and his deputy, Kelechi Igwe, alongside 16 lawmakers of the state assembly, for defecting to the All Progressives Congress (APC). 

Announcing the nomination of Igariwey, national chairman of PDP, Dr Iyorchia Ayu, said the decision followed the judgment of the court. Federal High Court in Abuja, which sacked Umahi and his deputy Kelechi Igwe. 

He also told journalists that Mr Fred Udeogu had been nominated as deputy governor and, therefore, called on the Independent National Electoral Commission (INEC) to issue the nominees certificates of return. 

The Federal High Court, sitting in Abuja had, earlier on Tuesday, ordered Umahi and Igwe to vacate their offices as governor and deputy governor of Ebonyi State respectively, following their unlawful defection from the PDP to the APC. 

The PDP boss recalled that Umahi, his deputy and the 16 lawmakers were elected on the PDP platform in 2015 and again in 2019, but defected to the APC on November 17, 2020, citing “injustice done to the South-East.” Ayu said, determined to reclaim its mandates, the PDP sued them and joined both the APC and INEC in the suit. 

“We had prayed the court to declare that by defecting from the PDP, on whose platform they were sponsored and elected, Umahi, Igwe and the 16 lawmakers had resigned or deemed to have resigned from office on the day of their defections. And the Federal High Court, sitting in Abuja, gave the PDP and democracy justice today,” he added. 

The PDP boss the landmark court ruling provided that “the votes in any election in Nigeria are to political parties, and not candidates.” 

The Federal High Court sitting in Abuja had earlier ordered Governor Umahi and his deputy, Igwe, to immediately vacate their offices over their unlawful defection from the PDP to the APC.

The trial judge, Justice Inyang Ekwo, held while delivering judgment in the suits marked FHC/ABJ/CS/ 920/21 and FHC/ABJ/CS/ 1041/21 filed by the PDP that, with the defection of Umahi and Igwe from the PDP, the party on which platform they won the election, they are deemed to have resigned their offices as governor and deputy governor of Ebonyi State respectively. 

Ekwo held that the case of the PDP succeeded and ordered the party to submit the names of its candidates for the post of governor and deputy governor of Ebonyi State to INEC to replace Umahi and Igwe and serve out the remaining part of their tenure. 

In the alternative, the court ordered the electoral body to conduct fresh election to replace Umahi and Igwe. 

The judge held that the lawful votes cast during an election belongs to political parties and not candidates and added that the lawful majority votes cast at the March 9, 2022 governorship election in Ebonyi State belong to the PDP. 

He declared that the election won by a political party cannot be transferred to another party and restrained Umahi and Igwe from further holding themselves out or parading themselves as the governor and deputy governor of Ebonyi State. 

Similarly, the court also sacked 16 members of the state House of Assembly who defected from the PDP to the APC along with the governor and his deputy. 

The judge further ordered INEC to conduct fresh election into the state House of Assembly to replace the sacked lawmakers within 90 days from the delivery of the judgment. In his defence at the trial, Chukwuma – Machukwu Ume, counsel for the governor and his deputy, had urged the court to decline jurisdiction and transfer the case to Ebonyi. 

Ume argued that since Umahi was sworn in by the chief judge of Ebonyi State and not by the chief judge of the Federal High Court, his removal from office can only be pursued through the Ebonyi State House of Assembly and the state’s high court. 

At the trial court, the two respondents had filed a notice of preliminary objection challenging the suit by the PDP, wherein, they argued vehemently that Section 308 of the constitution of the Federal Republic of Nigeria, 1999 (as amended has provided immunity to them from the plaintiff’s suit and that votes cast during the said elections are, by the Electoral Act, 2010 (as amended) and recent Supreme Court pronouncements belong to them and not the plaintiff/respondent. 

Justice Ekwo, however, in the judgment dismissed the preliminary objections of the defendants in the matter for lacking in merit and held that his court has jurisdiction to hear and determine the matter. 

Speaking after the judgement, Commissioner for Information and State Orientation, Orji Uchenna, told newsmen that the judgment of the trial court will be challenged at the Court of Appeal. 

Reacting, Governor Umahi said he is still the governor of the state. While addressing journalists in his office on Tuesday afternoon, Umahi said the judgment was null and void and of no effect. 

He vowed that he will not obey the Justice Ekwo judgment but will obey the state high court, which did not fault his defection to the APC and similar ruling in Zamfara State, which also okayed the defection of Governor Bello Matawalle also to the APC. 

He called on his supporters and the APC not to worry about the Abuja high court judgment and vowed that he will appeal the judgment. 

“There is nothing to worry at all. In the first place, there is no constitutional provision for any hatchet man to remove a governor. There are three ways whereby a governor can vacate his seat; either by death, resignation or impeachment by the House of Assembly. There is no any other constitutional provision that empowers a hatchet man to turn the constitution and the law upside down. 

“I have listened to the judgment of Ekwo and it is very obvious that he was on a mission, he was making all effort to upturn the rulings of the Supreme Court and Appeal Court on issues like this. We have heard the rumours before now that he was determined to give judgment against all known laws and the constitution. First to embarrass APC and secondly to embarrass the Federal Government. 

“For me, I do not feel worried but I feel so sorry for the judiciary. The executive may have problems, the legislature may have problems but the moment justice could be purchased, then we are in trouble in this country and the ruling this afternoon is a clear evidence that this country is in trouble. 

“I am still the governor of Ebonyi State and the judge has no powers to remove me,” he said.