Ebonyi: No court can sack governor for defecting to another party, says APC

The All Progressives Congress, APC, says the judgement of a federal high court in Abuja, sacking Ebonyi State Governor, David Umahi, and his deputy for defecting to the party from the People’s Democratic Party, PDP, was a miscarriage of justice.

The party in a statement signed by it Director of Publicity, Salisu Dambatta, said no court in the country can sack a governor from defecting to another party.

The APC further said the judge failed to rely on the constitution, electoral act or previous judgements in arriving at his ruling.

“Our attention has been drawn to the judgement made by Hon Justice Inyang Ekwo of Court 5 of Federal High Court FCT, Abuja and the travesty of Justice occasioned by the recklessness of his Judicial decision.

“The Presiding Judge committed a glaring judicial error by giving judgement sacking a duly elected and sworn-in Governor and his Deputy without relying on or citing any provision(s) of the constitution of the Federal Republic of Nigeria or any provision of the Electoral Act that empowers the court to sack a sitting Governor and or his Deputy. This is purely a travesty of Justice.

“The Court failed, refused and or neglected to understand the clear difference between a Governorship candidate of a Political Party as contemplated by the Electoral Act and a Governor of a State duly sworn in as contemplated by the Constitution of the Federal Republic of Nigeria. The Court presided by Hon. Justice Inyang Ekwo further went ahead to rely on the outdated authority of Amaechi v INEC (Omegha case) without exercising the Judicial power of Judicial distinction between pre-election/ electon matters and this matter of elected Governor defecting to another Political Party. He chose not to appreciate or he lacked the understanding of the difference between a Governor of a State and Governorship candidate of a Political Party. 

“The Governor of Zamfara State was recently given a clean bill of health in the matter for which this same issue of defection was sought to be determined. In that case the Federal High Court, in its well-considered judgement stated that there is no provision in any law of the land or the Constitution of Nigeria that empowers any court in Nigeria to sack or tamper with the office of a siting Governor and or Deputy for the reason of DEFECTION TO ANOTHER POLITICAL PARTY.

“The Supreme Court held that the Vice President (the President, the Governor, the Deputy Governor) can only vacate office  pursuant to section  306(resignation)  or sections 143 & 144 of the Constitution of Nigeria which is parimateria with sections 188 & 189 of the same Constitution,” the APC said.