By Ezeocha Nzeh and Myke Uzendu, Abuja
Following the judgement of a Federal High Court in Abuja that sacked Dave Umahi, and his deputy, Kelechi Igwe as governor and Deputy governor of Ebonyi state as well as 17 other lawmakers, the Peoples Democratic Party (PDP) has nominated Iduma Enwo Igariwey as replacement for Governor David Umahiand Mr Fred Udeogu as deputy governor.
Recall that Gov. Umahi, his deputy and the 17 lawmakers who were elected on the PDP platform defected to the All Progressives Congress (APC) on November 17, 2020, citing “injustice done to the South-East” as reason for defection.
The party Chairman Sen. Iyorchia Ayu in a press conference on Tuesday at the party’s headquarters described the judgement as a landmark judgement which has restored decency and hope on the judiciary.
The party further praised Justice Inyang Ekwo for his courage and asked the Independent National Electoral Commission (INEC) to withdraw the Certificate of Return handed over to the embattled governor and his Deputy.
The party boss said that the ruling will bring order in the political space and check issue of political rascality and stolen mandates just as he affirmed that the judiciary is indeed the backbone of democracy.
He said that Justice Ekwo was courageous and forthright in going for the substance of the law rather than the technicalities.
“And determined to reclaim our stolen mandates, the PDP had sued them and joined both the APC and INEC in the suit. We had prayed the court to declare that by defecting from the PDP, on whose platform they were sponsored and elected, Umahi, Igwe and the 17 lawmakers had resigned or deemed to have resigned from office on the day of their defections. And the Federal High Court, sitting in Abuja, gave the PDP and democracy justice today.
“In a landmark judgement, the court ruled that “the votes in any election in Nigeria are to political parties, and not candidates.”
“Justice Ekwo consequently ordered all the affected persons to vacate office. He also ordered the Independent National Electoral Commission (INEC) to receive names of candidates from the PDP to replace Messrs Umahi and Igwe.
“And in line with the court order, PDP is immediately submitting to INEC the names of our candidates for Governor and Deputy Governor of Ebonyi state respectively.
“We are also calling on INEC to immediately issue the Certificates of Return to the PDP nominees as replacement for Messrs Umahi and Igwe pursuant to the Order of the Honourable Court.
“Furthermore, we call on the Chief Judge of Ebonyi state to immediately swear them in as soon as INEC issues the requisites Certificates of Return.
“And lastly, we call on INEC to immediately withdraw the Certificates of Return from the 17 lawmakers and commence the process of conducting bye-elections to replace them” Ayu said.
…Ebonyi: Umahi rejects Court ruling, insists he remains Governor
Governor Dave Umahi of Ebonyi State has rejected the ruling of an Abuja Federal High Court which sacked him from office.
Umahi maintained that he is still the governor of the state despite the court ruling, while calling on his supporters to disregard the Abuja court ruling.
Addressing journalists in his office in Abakaliki, Governor Umahi described the ruling as “jungle justice that was purchased,” adding that such ruling was not a good development for the Judiciary.
Justice Inyang Ekwo of an Abuja Federal High Court had sacked Umahi as governor of Ebonyi State and his Deputy, Dr. Kelechi Igwe from office, over their unlawful defection from the Peoples Democratic Party, (PDP), to the All Progressives Congress (APC).
Justice Ekwo ruled that the governor and his Deputy’s defection was unlawful, unconstitutional, null, and void, and ordered them to vacate their offices immediately.
Ekwo held that the vote that brought the governor and his Deputy into office belonged to the PDP and that they cannot hold onto the votes having elected to jettison the party that nominated them.
The court also ordered 15 members of the Ebonyi House of Assembly, including the Speaker, who defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) to immediately vacate their seats.
Justice Inyang Ekwo, in a judgment held that having defected from the party on which platform they won the election, Umahi and Igwe are deemed to have resigned their offices.
Justice Ekwo therefore ordered the Independent National Electoral Commission (INEC) to accept from PDP names of its members to replace Umahi and Igwe, to serve out the remaining part of their tenure, or, in the alternative, conduct fresh election to replace Umahi and Igwe.
Ekwo, held that the total number of 393,042 votes Umahi secured at the 9th March 2019 Ebonyi State governorship election belonged to the PDP, hence could not be legally transferred to the APC.
On the 15 lawmakers, the judge held that their defection was unlawful and that having abandoned that political party on which platform they stood election, they could no longer occupy the seats.
Justice Ekwo declared their seats vacant and restrained them from further parading themselves in the capacity of members of the Ebonyi State House of Assembly.