Umahi asks appeal court to set aside judgement sacking him as Ebonyi governor

Ebonyi State Governor, David Umahi, has appealed the Federal High Court judgement which sacked him at the Court of Appeal.

A Federal High Court sitting in Abuja and presided over by Justice Inyang Ekwo had sacked Umahi and his deputy for defecting to the All Progressives Congress, APC, from the People’s Democratic Party, PDP.

Umahi based his appeal on eight grounds he considered as errors in the high court judgement.

The grounds are as follows, “The lower court erred in law and misdirected itself when it held; ‘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 trial court erred in law and misdirected itself when it relied on Sections 68 and 109 of the Constitution of the Federal Republic of Nigeria 1999(as amended) in holding that the Appellants having defected from the PDP to the APC offended the provisions of the Constitution and must vacate their offices as Governor and Deputy Governor respectively.

“The lower court erred in law and overruled the decision of the Supreme Court of Nigeria when it held that ownership of votes cast during the Governorship Election of 2019 belongs to the 1st Respondent and not the Appellants.

“The Hon trial court erred in law when it held that the Appellants are deemed to have been resigned from their Offices as Governor and Deputy Governor of Ebonyi State 

“The Hon trial court erred in law when it held that the provision of the Public Officers Protection Act cannot avail the Appellants.

“The Hon trial court erred in law when it restrained the Appellants from carrying on the duties in their offices as Governor and Deputy Governor of Ebonyi State on the basis that the Appellants offended the provisions of sections 177(c) and 221 of the Constitution of the Federal Republic of Nigeria 1999 (as amended)

“The Hon. Trial Court erred in law when it ordered Appellants to vacate their respective offices as Governor and Deputy Governor of Ebonyi State and 1st Respondent to submit to 2nd Respondent names of its candidates to replace Appellants as Governors and Deputy Governors of Ebonyi State.

“The Hon. trial court erred in law when it not only refused to be persuaded by but rather overruled the decisions of: High Court of Ebonyi State delivered on 28th Feb, 2022 in Suit No. HAB/13/2022 (Sen. Soni Ogbuoji & 2 Ors vs. Engr. David Nweze Umahi & Anor. Federal High Court sitting in Gusau delivered on 7th Feb, 2022 in Suit No. FHC/GS/CS/24/2021.”