{"id":56446,"date":"2022-03-09T10:29:19","date_gmt":"2022-03-09T10:29:19","guid":{"rendered":"https:\/\/everyday.ng\/?p=56446"},"modified":"2022-03-09T10:29:19","modified_gmt":"2022-03-09T10:29:19","slug":"apc-says-federal-high-court-decision-on-defection-of-governor-umahi-clear-case-of-travesty-of-justice-judicial-recklessness-effect-is-dead-on-arrival","status":"publish","type":"post","link":"https:\/\/everyday.ng\/?p=56446","title":{"rendered":"APC: Court decision on Umahi travesty of justice, judicial recklessness, dead on arrival"},"content":{"rendered":"

APC says Federal High Court decision on defection of Governor Umahi clear case of travesty of justice, judicial recklessness, effect is dead on arrival<\/strong><\/p>\n

Our attention has been drawn to\u00a0 the judgement made by Hon Justice Inyang\u00a0 Ekwo of Court 5 of Federal High Court FCT, Abuja and the travesty of Justice occasioned by the recklessness of his\u00a0 Judicial decision.<\/p>\n

The crux of the matter is a\u00a0 suit by People’s Democratic Party,PDP seeking to sack the Governor of Ebonyi State, His Excellency Engr Chief David Nweze Umahi FNSE FNATE (Akubaraoha) and his Deputy for\u00a0 defecting to All Progressives Congress ( APC). The parties raised issues for determination which all bother on whether or not defection to another political party\u00a0 from a party that elected the Governor or his Deputy amounts to a breach of any section (s) of the constitution or the Electoral Act that should warrant a Judicial interpretation, raising declaratory and or injunctive orders against the Governor of a State and or his Deputy.<\/p>\n

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\u00a0 empowers the court to sack a sitting Governor and or his Deputy. This is purely a travesty of Justice.<\/p>\n

The\u00a0 Court failed, refused and or neglected to understand the clear difference between a Governorship\u00a0 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 Justice Inyang Ekwo further went ahead to rely on the outdated authority of Amaechi v INEC (Omegha case) without exercising the Judicial power of Judicial distinction between pre-election\/\u00a0 electon matters and this matter of elected Governor defecting to another Political Party. He chose not to appreciate or he\u00a0 lacked the understanding of the difference between a Governor of a State and Governorship candidate of a Political Party.\u00a0 The Electoral Act and the judgement in Amaechi v INEC\u00a0 contemplate who is the right candidate of the Party and not the issue of defection, as you all know neither Amaechi nor Omegha raised issue of defection to another Political Party. So it is absolutely rediculous and questionable, as it shameful that a judge could decide\u00a0 a weighty matter such as conditions for sacking the Governor of a State without\u00a0 relying on any express provision of the Constitution or Electoral Act or Judicial Authority either of superior courts or even courts of coordinate jurisdiction.<\/p>\n

It will be noted that\u00a0 a State High Court sitting in Ebonyi State presided by Hon Justice\u00a0 Henry Njoku (who is more Senior in Bench\u00a0 than Hon Justice Inyang Ekwo of the Federal High Court 5 Abuja)\u00a0 has given judgement on the issues sought in this Ekwo Judgement). The Governor of Zamfara State\u00a0 was recently given a clean bill of health in the matter for which this same\u00a0 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\u00a0 siting Governor and or Deputy for the reason of DEFECTION TO ANOTHER POLITICAL PARTY.<\/p>\n

The constitution of Nigeria upholds the supremacy of the right of association of persons (even to defect from one political party to the other).\u00a0 This is the prevailing position of the Supreme Court of Nigeria in the case of AG Fed & 2 ors v Alhaji Abubarkar & 3 ors ( SC 31\/2007) (2007) NGSC 118, 20th April 2007. The case interpreted the right of FREEDOM OF ASSOCIATION to determine whether\u00a0 the action of a Vice President abandoning the political party whose platform he and the President were elected and joining another Political Party without resigning, amounts to CONSTRUCTIVE RESIGNATION from office, to warrant the seat of the Vice President to be declared vacant.<\/p>\n

The Supreme Court held that the Vice President ( the President , the Governor, the Deputy Governor) can\u00a0 can only vacate office\u00a0 pursuant to section\u00a0 306( resignation)\u00a0 or sections 143 & 144 of the Constitution of Nigeria which is parimateria with sections 188 & 189 of the same Constitution..<\/p>\n

The Federal High Court sitting in Zamfra State has also relied on this Judicial Authority as the Law. In that case, the Court most recently held that Governor Bellow Matawallle VIOLATED NO\u00a0\u00a0 provision of the Constitution of Nigeria and or PDP or APC’s constitution by his defection.<\/p>\n

We therefore urge the people of Ebonyi State, the associates and fans of the visionary Governor of Ebonyi State,His Excellency Engr Chief David Nweze Umahi FNSE FNATE (Akubaraoha) to go about their normal business and disregard the outcome of the Ekwo Judgement as being dead on arrival and having no iota of effect on the res of the matter as the Governor is sitting solidly and undistracted.<\/p>\n

\u25aa\ufe0e\u00a0 By Salisu Na’inna \u018aambatta<\/strong>, Director (Publicity)
\nAPC National Headquarters Abuja.<\/p>\n","protected":false},"excerpt":{"rendered":"

APC says Federal High Court decision on defection of Governor Umahi clear case of travesty of justice, judicial recklessness, effect is dead on arrival Our attention has been drawn to\u00a0 the judgement made by Hon Justice Inyang\u00a0 Ekwo of Court 5 of Federal High Court FCT, Abuja and the travesty of Justice occasioned by the […]<\/p>\n","protected":false},"author":7,"featured_media":56430,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5786],"tags":[189,1753,4512],"class_list":["post-56446","post","type-post","status-publish","format-standard","has-post-thumbnail","category-statement","tag-apc","tag-dead","tag-trevesty"],"_links":{"self":[{"href":"https:\/\/everyday.ng\/index.php?rest_route=\/wp\/v2\/posts\/56446","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/everyday.ng\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/everyday.ng\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/everyday.ng\/index.php?rest_route=\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"https:\/\/everyday.ng\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=56446"}],"version-history":[{"count":0,"href":"https:\/\/everyday.ng\/index.php?rest_route=\/wp\/v2\/posts\/56446\/revisions"}],"wp:attachment":[{"href":"https:\/\/everyday.ng\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56446"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/everyday.ng\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56446"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/everyday.ng\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56446"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}