Following a suit filed by the Peoples Democratic Party (PDP), the Federal High Court sitting in Abuja, on Monday, sacked 20 members of the Cross River State House of Assembly that defected from the Peoples Democratic Party, PDP, to the ruling All Progressive Congress, APC.
The court, in a judgement that was delivered by Justice Taiwo Taiwo, held that the lawmakers, having abandoned the political party that sponsored them to power, ought to vacate their seats.
Justice Taiwo Taiwo gave the judgment in a suit marked FHC/ABJ/CS/975/2021, which was filed by the PDP.
He said, ”The action of the 5th to the 25th Defendants is feeble and constitutes an attempt to pull wool over the eyes of the court.
“Their counter affidavit is manifestly defective” Justice Taiwo held.
He, therefore, granted all the reliefs sought by the PDP, adding that power belongs to the citizens.
Meanwhile, the Peoples Democratic Party (PDP) has charged the Independent National Electoral Commission (INEC) to immediately and without any further delay, issue Certificates of Return to Hon. Iduma Igariwe and Fred Udogwu as Governor and Deputy Governor of Ebonyi State respectively.
This, the party, in a statement by its spokesman, Mr. Debo Ologunagba, is in furtherance of the Order of the Federal High Court issued in Abuja today, Monday, March 21, 2022 refusing to grant Stay of Execution to the former Governor of Ebonyi State, Engr. David Nweze Umahi and his Deputy, Kelechi Igwe over their removal from office by the Court.
INEC, pursuant to the provision of Section 287(3) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) which provides that “the decisions of the Federal High Court, National Industrial Court, a High Court and of all other courts established by this Constitution shall be enforced in any part of the Federation by all authorities and persons, and by other courts of law with subordinate jurisdiction to that of the Federal High Court, National Industrial Court, a High Court and those other courts, respectively” is bound to issue Certificates of Return immediately to Hon. Iduma Igariwe and Fred Udogwu as Governor and Deputy Governor of Ebonyi State respectively.
He adds, “In this regard, the PDP also demands that the Chief Judge of Ebonyi State, upon the issuance of Certificates of Return by INEC proceed to swear in Hon. Iduma Igariwe and Fred Udogwu as Governor and Deputy Governor of Ebonyi State respectively.
“This is absolutely necessary to prevent the existence of vacuum in the government and governance of Ebonyi State as Messers Umahi and Igwe can no longer exercise the functions of the office of Governor and Deputy Governor of Ebonyi State pursuant to the Order of the Federal High Court which removed them from office on March 8, 2022 and the subsequent Order of the Federal High Court today, which refused their application for Stay of Execution.
“The PDP commends the judiciary for its courage in defending the Constitution as well as the will of the people of Ebonyi State as expressed in their votes for the PDP in the 2019 governorship election.
“Our Party also congratulates the people of Ebonyi State for the restoration of their mandate and urged them to remain united under the PDP as we forge ahead in our mission to Rescue and Rebuild our country from the rudderless APC administration.”
Recall that the Federal High Court, Abuja, on Monday, struck out the motion filed by sacked Governor David Umahi of Ebonyi, seeking for a stay of execution of the March 8 judgment.
Justice Inyang Ekwo struck out the motion after Chukwuma Ma-Chukwu Ume, SAN, counsel for Umahi and his deputy, Kelechi Igwe, prayed the court for the withdrawal of the motion, and the Peoples Democratic Party (PDP)’s lawyer, Emmanuel Ukala, SAN, did not oppose the application.
Justice Inyang Ekwo had, on March 8, in a judgment, ordered Umahi; his deputy, Kelechi Igwe, and 16 lawmakers to vacate their office and seats, following their defection from the PDP to All Progressives Congress (APC).
The judge also directed the Independent National Electoral Commission(INEC) to immediately receive from the PDP, the names of its candidates to replace them, among others.
However, on March 10, Governor Umahi and others had sought an order of the FHC Abuja, staying the execution of its judgment directing them to vacate their offices over their defection to another political party.
In a motion on notice filed by Ume, the applicants also prayed the court to stay the execution of its order directing INEC to receive other names in their place or hold a governorship election in accordance with Section 177(c) of the 1999 Constitution, pending the hearing and determination of the appeal dated and filed on March 9 by the appellants, among others.
Ume also sought a withdrawal of the stay of execution motion filed on behalf of the lawmakers marked: FHC/ABJ/CS/1041 between PDP Vs. INEC and 20 others.
At the resumed hearing, Ume informed the court of his intention to withdraw the two motions for stay of execution dated March 9 on the grounds that an appeal had been entered at the Court of Appeal on the matter.
Counsel for the PDP, Emmanuel Ukala, SAN, did not oppose the application. In a short ruling, Justice Ekwo struck out the matter.
