By Myke Uzendu, Abuja
The Peoples Democratic Party (PDP) has urged the Federal High Court, Abuja Judicial Division to declare that governor of Yobe State, Mai Mala Buni is unfit to continue as governor of Yobe state, having accepted the position of Caretaker/Extraordinary Convention Planning Committee (CECPC) of the All Progressives Congress.
The originating summons dated August 12, 2021 with file number FHC/ABJ/CS/885/2021 has Peoples Democratic Party, Amb. Umar Ilya Damagun (2019 PDP Governorship Candidate) and Baba Abba Aji (2019 PDP Deputy Governorship candidate) as plaintiff 1,2 and 3 respectively while Mai Mala Buni (Yobe State Governor), Idi Barde Gubana (Yobe State Deputy Governor), All Progressives Congress (APC) and Independent National Electoral Commission (INEC) are the defendants 1,2,3 and 4 respectively.
The party through its counsel, Emeka Etiaba (SAN) in the suit, asked the court to sack Mai Mala Buni, as governor of Yobe State, having accepted appointment as Caretaker Chairman in contravention of Section {83 of the Constitution of the Federa! Republic of Nigeria 1999 (as amended).
The PDP also prayed that its governorship and deputy governorship candidates be sworn in as the governor and deputy governor of Yobe state with immediate effect.
The party further prayed that the court should declare all actions of Yobe State governor wrongful, null and void.
Excerpts from the Summon reads, “Let Mai Mala Buni and Idi Barde Gubana both of Government House, Maiduguri Road, Damaturu, Yobe State, All Progressives Congress (APC) of 40 Blantyre Street, off Adetokunbo Ademola Crescent, Wuse II, Abuja FCT and Independent National Electoral Commission (INEC) of 436, Zambezi Crescent, Maitama District F.C.T Abuja within 30 days after the Service of the Summons on them, inclusive of the date of such service, cause an appearance to be entered for them to this Summons which is issued upon the application for the Plaintiffs for the determination of the following questions:
“Whether the 1″ Defendant did not breach the clear provisions of Section 183 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) when as the governor of Yobe State, he accepted the 3 Defendant’s appointment as it’s Caretaker Committee Chairman and proceeded to occupy the office.
“Whether the 1″ Defendant who is the governor of Yobe State and the Caretaker Committee Chairman of the 3 Defendant has not ceased to hold the office of the governor of Yobe State, having regard to the provisions of Section 183 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)?
“Having regard to the judgment of the Supreme Court in Eyitayo Olayinka Jegede and Anor And Independent National Electoral Commission (INEC) in Appeal No: SC/448/2021 delivered on the 28 day of July, 2021, whether the 1″ Defendant who is the governat of Yobe State and the Caretaker Committee Chairman of the 3 Defendant has not ceased to hold the office of the governor of Yobe State?
“Having regard to the clear provisions of Section 187 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and the state of the law, whether the 2″ Defendant can lawfully occupy the office of the governor or deputy governor of Yobe State upon the cessation of the 1″ Defendant’s occupation of the Yobe State governor’s office.
“Upon A Favourable Determination of The Following Questions, The Plaintiffs Seek The Following Reliefs From This Honourable Court:
“A Declaration that the 1″ Defendant breached the clear provisions of Section 183 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) when as the governor of Yobe State, he accepted 3rd Defendant’s appointment as the Caretaker Committee Chairman and proceeded to occupy the office.
“A Declaration that the 1″ Defendant who is the governor of Yobe State and the Caretaker Committee Chairman of the 3″ Defendant has ceased to hold the office of the governor of Yobe State, having regard to the clear provisions of Section 183 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“A Declaration that having regard to the judgment of the Supreme Court in Eyitayo Olayinka Jegede and Anor And Independent National Electoral Commission (INEC) in Appeal No: SC/448/2021 delivered on the 28″ day of July, 2021, the 1 Defendant who is the governor of Yobe State and the Caretaker Committee Chairman of the 3 Defendant has ceased to hold the office of the governor of Yobe State.
“A Declaration that the actions of the 1st Defendant as the Caretaker Committee Chairman of the 3 Defendant while he remains the governor of Yobe State are wrongful, null and void
“A Declaration that having regard to the clear provisions of Section 187 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and the state of law, the 2 Defendant cannot lawfully occupy the office of the governor or deputy governor of Yobe State upon cessation of the 1″ Defendunt’s occupation of the office of the govemar of Yobe State
An Order directing the Chief Judge of Yobe State or any other relevant judge in his ahuence to immediately swear in the 2 and 3 Plaintiffs as govemor and deputy governor of Yobe State, the offices having become vacant”
No date has been fixed for the hearing.
