Governor David Umahi, Deputy Appeal Court's Decision to Sack Them

Governor David Umahi, Deputy Appeal Court's Decision to Sack Them

  • A court's decision to sack the governor of Ebonyi state, David Umahi and his deputy, Kelechi Igwe, has been challenged in a higher court
  • The duo has filed a notice of appeal to the Abuja division of the Appeal Court faulting the decision of the lower court
  • According to Umahi and Igwe, the lower court erred in law and misdirected itself in its judgement on Tuesday, March 8

The governor of Ebonyi state, David Umahi and his deputy, Kelechi Igwe, has appealed Tuesday, March 8, the court's ruling which ordered their sack from office.

The Nation reports that the governor and his deputy in a notice of appeal filed before the Abuja division of the Appeal Court said they disagree with the judgement of the lower court.

In the notice in the suit number: FHC/ABJ/CS/920/2021, Umahi and Igwe listed eight grounds of appeal against the lower court’s judgment.

David Umahi
Umahi and his deputy listed eight grounds of appeal against the lower court’s judgment Photo: David Umahi
Source: UGC

Grounds for filing a notice of appeal

One of their grounds argued that the lower court erred in law and misdirected itself when it held that no authority propound that where a governor defects from the political party for which he was elected cannot be sued by the party to reclaim its mandate.

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The duo also argued that the trial court was virtually setting aside the Supreme court of Nigeria’s decision in AG Federation v. Atiku Abubakar & 3 ORS (2007) LCN/3799(SC) to the effect that there are no constitutional provisions prohibiting President or vice and invariably the governor and or deputy Governor from defecting to another Political Party.

In their appeal, they submitted that there is no specific mention of the governor and deputy Governor in the provisions of sections 68 and 109 respectively of the 1999 constitution (as amended).

The notice of their appeal read in part:

“By relying on sections 68 and 109 of the Constitution the Hon. trial court assumed the role of the legislator and arrogated to itself the powers of amendment of the Constitution”

PDP considers replacement for sacked Ebonyi state governor

Meanwhile, Legit.ng gathered that barring any last-minute changes, the Peoples Democratic Party (PDP) was putting finishing touches to submitting the name of a possible replacement for the sacked Governor Umahi of Ebonyi state.

According to multiple sources at the national secretariat of the PDP, it was confirmed that “the party was consulting on who to push forward as his replacement as declared by the court with immediate effect.

Confirming the development, the source said: “Barr. Silas Joseph Onu, a legal practitioner, an entrepreneur turned politician is prominent amongst the name under consideration.

Governor Umahi breaks silence, says judge lacks power to remove him

Governor Umahi has reacted to the judgement of the Federal High Court in Abuja that declared his seat and that of his deputy, Igwe, vacant.

The Ebonyi governor said Justice Inyang Ekwo lacks the power to remove him from office and has put the judiciary on trial.

The PDP had earlier approached the court, asking for Umahi’s removal after he defected from the party to the APC in November 2020.

Source: Legit.ng

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