APC knocks Court’s judgment on Umahi, deputy

The All Progressives Congress (APC) said the judgment by Hon Justice Inyang Ekwo of Court 5 of Federal High Court FCT, Abuja sacking Governor Dave Umahi of Ebonyi State and his deputy, was a travesty of Justice occasioned by the recklessness of his judicial decision.

The party said that “the crux of the matter is a suit by Peoples 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 defecting to All Progressives Congress (APC).

“The parties raised issues for determination which all border on whether or not defection to another political party 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.”

A statement by the Director (Publicity) at the APC National Headquarters, Salisu Na’inna Ɗambatt said that the Presiding Judge committed a glaring judicial error by giving the judgment 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 empowers the court to sack a sitting Governor and or his Deputy.

The party said: “This is purely a travesty of Justice.”

The statement read: “The Court failed, refused and or neglected to understand the clear difference between a Governorship 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 Justice Inyang Ekwo further went ahead to rely on the outdated authority of Amaechi v INEC (Omegha case) without exercising the Judicial power of Judicial distinction between pre-election/election matters and this matter of elected Governor defecting to another Political Party.

“He chose not to appreciate or he lacked the understanding of the difference between a Governor of a State and Governorship candidate of a Political Party.

“The Electoral Act and the judgement in Amaechi v INEC contemplate who the right candidate of the Party is and not the issue of defection, as you all know neither Amaechi nor Omeha raised issue of defection to another Political Party.

“So it is absolutely ridiculous and questionable, as it shameful that a judge could decide a weighty matter such as conditions for sacking the Governor of a State without relying on any express provision of the Constitution or Electoral Act or Judicial Authority either of superior courts or even courts of coordinate jurisdiction.

“It will be noted that a State High Court sitting in Ebonyi State presided by Hon Justice Henry Njoku ( who is more Senior in Bench than Hon Justice Inyang Ekwo of the Federal High Court 5 Abuja) has given judgement on the issues sought in this Ekwo Judgement).

“The Governor of Zamfra State was recently given a clean bill of health in the matter for which this same 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 siting Governor and or Deputy for the reason of DEFECTION TO ANOTHER POLITICAL PARTY.”