Defection suit: Umahi, deputy know fate March 8 – Newstrends
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Defection suit: Umahi, deputy know fate March 8

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Ebonyi State Governor, Dave Umahi

Abuja division of the Federal High Court has fixed March 8 and 14 to deliver judgments in the multiple suits filed by the Peoples Democratic Party (PDP) seeking the removal of Ebonyi State Governor, Dave Umahi, and his deputy, Kelechi Igwe, from office on account of their defection to the All Progressives Congress (APC).

Justice Inyang Ekwo fixed the dates after counsel in the suits marked FHC/ABJ/CS/ 920/21 and FHC/ABJ/CS/ 1041/21 had adopted their briefs of arguments.

In an originating summons marked FHC/ABJ/CS/920/2021, PDP urged the court to make a declaration that by defecting from the party on which they were sponsored and elected to a political party that did not win the election, they have resigned or deemed to have resigned from office.

The crux of the plaintiff’s case is that the defendants purportedly defected and relinquished their PDP membership on which platform they contested and won the governorship election, and, by so doing, are deemed to have lost the majority votes scored at the election and consequently should be ordered by the court to vacate their respective offices as governor and deputy governor of Ebonyi State.

Other defendants in the suit are the Independent National Electoral Commission (INEC) and the APC.

However, Chukwuma-Machukwu Ume, a Senior Advocate of Nigeria and former attorney general of Imo State, who is counsel to Governor Umahi and his deputy, urged the court to decline jurisdiction and transfer the case to Ebonyi State. He particularly drew the attention of the court to the fact that Nigeria is a federation with 36 states, including Ebonyi State.

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Ume argued that since Governor Umahi was sworn in by the chief judge of Ebonyi State and not by the chief judge of the Federal High Court, his removal from office can only be pursued through the state House of Assembly and the state High Court.

Meanwhile, Umahi and Igwe have approached the Abuja division of the Court of Appeal for the interpretation of some constitutional issues arising from the suit filed by PDP challenging their defection. The applicants in their motion requested the appellate court to restore the powers of state high courts as the only courts vested with the exclusive jurisdiction to hear and determine the question as to whether the term of office of a member of the House of Assembly of a state, a governor or deputy governor has ceased or become vacant.

Counsel to the applicants consequently filed a motion seeking the declaration by the court that Section 272 (3) of the 1999 Constitution, which vested such powers on the Federal High Court as a scrivener’s error.

The motion, which was brought pursuant to Sections 295 (2); 272(3); 6(2) of the 1999 Constitution and Section 20 and 29 of the Interpretation Act, has requested the order of the Federal High Court for an order referring some constitutional questions to the Court of Appeal for its opinion.

The affected constitutional provisions are sections 2; 4(6); 5 (2); 6 (1) & (2); 6(5) (a) -(e); 186; Chapter VII; Chapter VII Part II; sections 270 (1) and 272 (1); (2) and(3).

The applicants request the opinion of the Court of Appeal as to “Whether by the community reading of the above provisions of the 1999 Constitution (as amended) more particularly by the express provisions in sections 232(1) 239(1) (a) – (c) and 251(4) each vesting original jurisdiction on the Supreme Court, the Court of Appeal and the Federal High Court on matters on the exclusive legislative list and federal political office holders, the phrase Federal High Court as found in Section 272 (3) (aka Section 28, Act No 1 of 2010) is not a mere or should not be read scrivener’s error or devil’s printer? 

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“Whether the Court should not order the phrase Federal High Court as found in Section 272 (3) (aka section 28, Act No 1 of 2010) to be read and understood as state High Court which rightly conforms with the spirit of the federal system of government as enshrined in the 1999 Constitution (as amended) vesting exclusive original jurisdiction on the High Court of the states of the federation to “hear and determine the question as to whether the term of office of a member of the House of Assembly of a state, a governor or deputy governor has ceased or become vacant?

Before the trial court, the applicants had filed a notice of preliminary objection challenging the suit by the PDP, wherein, they argued hat Section 308 of the 1999 Constitution has provided immunity to them from the plaintiff’s suit and that votes cast during the said elections are by the Electoral Act, 2010 (as amended) an recent Supreme Court pronouncements belong to them and recent Supreme Court pronouncement belongs to them and not the plaintiff/respondent.

Furthermore, they contested that being Ebonyi State governor and deputy governor sworn into offices by the chief judge of Ebonyi State they cannot be liable to be removed from their offices by a Federal High Court. 

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BREAKING: Nickolas Ukachukwu defeats Ozigbo to win Anambra APC gov ticket

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Prince Nicholas Ukachukwu

BREAKING: Nickolas Ukachukwu defeats Ozigbo to win Anambra APC gov ticket

Prince Nicholas Ukachukwu has emerged as the winner of the All Progressives Congress (APC) governorship primary election in Anambra State.

Ukachukwu secured the party’s ticket with a landslide victory, polling 1,455 votes in the keenly contested election that began on Saturday and lasted until 4:19 a.m. on Sunday.

Valentine Ozigbo came a distant second with 67 votes, followed by Johnbosco Onunkwo with 26 votes. Edozie Madu trailed with 8 votes, while 27 votes were declared invalid.

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Announcing the results in the early hours of Sunday, the APC returning officer and Governor of Cross River State, Bassey Otu, declared Ukachukwu as the party’s flag bearer and described him as “the lion of APC in Anambra State.”

Ukachukwu will face off against the incumbent Governor, Prof. Chukwuma Soludo of the All Progressives Grand Alliance (APGA), in the November 8 governorship election.

He said, ” by the power conferred on me as the chief returning officer, I hereby declare him the winner of the APC primaries in Anambra state”

Otu, however, commended the security agencies for maintaining law and order, while also, thanking the contestants for their doggedness and maturity

“Power belongs to God. There’s no victor, no vanquished in today’s election. Our party had already decided that whoever that emerges victorious would be supported by all” the governor said

The total number of delegates was 1630, but1582 were accredited, while the remaining others were did not come

BREAKING: Nickolas Ukachukwu defeats Ozigbo to win Anambra APC gov ticket

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Updated: You can only be admitted from wards, SDP tells El-Rufai, others

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Former Governor of Kaduna State, Malam Nasiru Ahmad El-Rufai

Updated: You can only be admitted from wards, SDP tells El-Rufai, others

Former Kaduna State Governor Mallam Nasir El-Rufai and other political leaders planning to join the Social Democratic Party (SDP) have been told to follow due process.

The Forum of State Chairmen of the SDP said new members could only be admitted from their wards.

They rose from an inaugural meeting of the 36 states and Federal Capital Territory  (FCT) chairmen in Abuja yesterday to give the directive.

The forum said there would be no sacred or preferential treatment for  new joiners.

Last month, El-Rufai through his X handle  announced his membership of the SDP, a move the Kaduna State chapter of the party rejected.

The party stated that he is not a recognised member.

It’s  Assistant National Secretary (North West) , Idris Inuwa, at a news conference said El-Rufai’s entry into the party remained a rumour as he was yet to follow due process.

Welcoming new members  after its meeting, the Chairman of the forum and Lagos State Chairman,  Femi Olaniyi, said the forum resolved to welcome the influx of new members, including prominent politicians from across the country but gave conditions to be fulfilled.

Olaniyi said, “New members will be admitted and registered through the party’s internal structures, led by the  chairmen.”

“New members cannot admit or register themselves as members of the party,” he added.

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On the ongoing moves by some opposition elements to join the party ahead of 2027, the SDP sub-national leaders warned that “democratically elected structures of the SDP at the state and national levels must not be truncated or dissolved to appease new joiners or at the whims of any individuals or interests. Elected officials should be allowed to serve out their terms.”

Admitting that the merger talks with the party may warrant some structural adjustments to accommodate new members, the state chairmen warned that fundamental issues such as changes to the party’s name, logo, insignia, slogan, or any drastic alterations to the party’s Constitution or Manifesto must not be undertaken.

According to them, such issues and changes should be thoroughly discussed by the National Executive Committee (NEC) of the party before taking any action.

The forum  passed vote of confidence in  the Shehu Musa Gabam-led National Working Committee  (NWC).

They also hailed  members nationwide for their outstanding efforts in building and positively repositioning the party.

Updated: You can only be admitted from wards, SDP tells El-Rufai, others

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One battle down, two to go, Natasha speaks on INEC rejection of her recall petition

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One battle down, two to go, Natasha speaks on INEC rejection of her recall petition

Lawmaker representing Kogi Central in the Senate, Natasha Akpoti Uduaghan, has reacted to the rejection of a petition to recall her by the Independent National Electoral Commission (INEC).

The electoral body had said the petition for the recall of the senator did not meet the requirement of the Nigerian Constitution.

It said in a tweet on its official handle, on Thursday, “The petition for the recall of the Senator representing the Kogi Central Senatorial District has not met the requirement of Section 69(a) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).”

INEC said the number of constituents who signed the petition against the suspended lawmaker fell short of 50% of registered voters in the constituency as required by the constitution.

The development comes after the suspended lawmaker accused the electoral body of bias in the attempt to recall from the Senate.

Reacting through her official Facebook page, Natasha wrote, “Oh God it’s victory for the people. One battle down, two more to go.

“Deep gratitude to my beloved husband, awesome support team, magnificent people of Kogi Central and great people of Nigeria at large.

“INEC Nigeria, you did well. Senator Natasha H Akpoti Uduaghan Proudly Kogi Central.”

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