Politics

NBA lambasts Umahi, sacked gov hires 18 SANs to battle appeal

Published

3 years ago

March 10, 2022

The Nigerian Bar Association on Wednesday lambasted the Ebonyi State Governor, David Umahi, for attacking Justice Inyang Ekwo of the Federal High Court who sacked him and his deputy, Kelechi Igwe, on Tuesday.

Justice Ekwo had, in a judgment on Tuesday, restrained Umahi and Igwe from parading themselves as governor and deputy governor of the state on the grounds that they contested the 2019 governorship poll on the platform of the Peoples Democratic Party.

He said by defecting to the APC, they could not transfer the votes in the governorship poll to the PDP.

Among other allegations, the governor had alleged that the judgment by Ekwo was bought.

While criticising the adjectives used on the judge, the NBA said Umahi’s outburst amounted to impunity and executive rascality taken too far.

The association which stated this in a statement by its President, Olumide Akpata, demanded an apology and retraction from the governor.

The NBA said, “We noted with utter dismay, the unfortunate and totally unacceptable reaction of Dave Umahi to the judgment of the Federal High Court, Abuja delivered on March 8, 2022 by Honourable Justice Inyang Ekwo which inter-alia ordered him and H.E. Mr. Eric Kelechi Igwe to vacate the offices of Governor and Deputy Governor, respectively, of Ebonyi State on grounds of their defection from the PDP to the APC.

“While the NBA has absolutely no interest in the outcome of the case in question and will continue to stay away from partisan politics, it is inconceivable that this association that is charged with upholding the rule of law and defending the judiciary would sit idly in the face of this unprovoked and totally unwarranted attack on the judiciary.

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“Indeed, the leadership of the NBA has been inundated with calls from a cross-section of well meaning Nigerians who are understandably outraged by the utterances of Dave Umahi and who have rightly demanded that appropriate action be taken to protect the sanctity of the judiciary.”

The NBA demanded an apology from Umahi and a retraction of the comments he made against the “person and judgment of the Hon. Justice Inyang Ekwo of the Federal High Court.

“It is also our demand that this apology and retraction be given as much media coverage as the press conference.”

Umahi engages 18 SANs, says I will never insult judiciary

Umahi, on Wednesday, said he had engaged the services of no fewer than 18 SANs.

The governor also denied attacking the judiciary, pointing out that the lawyers of the PDP did the ‘hatchet job’, and not Justice Ekwo.

Umahi stated this, in Abakaliki, during a solidarity rally in his support, on Wednesday.

“There is no need to entertain any fear. Go about your business very peacefully and let me assure the NBA Chairman that he is a perfect gentleman and that we will never insult the judiciary, we have confidence in the judiciary and I know they will do the right thing and we have engaged eight SANs to proceed to Abuja, we have engaged 10 SANs to produce to Enugu,” Umahi stated.

Meanwhile Umahi and Igwe, have appealed the judgment of the Federal High Court.

In the notice of appeal dated March 9, and filed by Chukwuma Machukwu Ume (SAN), at the Court of Appeal Abuja, the appellants asked the court to set aside the judgment.

The appeal was predicated on 11 grounds.

The 16 All Progressives Congress members of the state House of Assembly who were also sacked on Tuesday by a judgment of the FHC Abuja presided over Justice Inyang Ekwo, also asked the appellate court to set aside the judgment.

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In the first ground of their appeal, Umahi and Igwe contended that Ekwo erred in law and misdirected himself when he held that “I have not seen any authority which propounds that where a governor or deputy governor defects, his political party on which platform he was elected into office, he cannot be sued by that political party to reclaim its mandate…Section 308 of the 1999 Constitution did not envisage such a situation.”

The appellants submitted that the trial court set aside the Supreme Court’s decision in “AG Federation v. Atiku Abubakar & 3 ORS (2007) LCN/3799(SC) to the effect that there is no constitutional provision prohibiting President or vice and invariably the governor and or deputy governor from defecting to another political party or meting out punishment for doing same.”

“The trial court was also virtually setting aside the decision of the Supreme Court in Global Excellence Communications Ltd v. Duke (2007) LPELR — 1323 to the effect that state governors and their deputies have immunity against being sued while in office”, the appellants argued.

The appellants maintained that there is no section of the 1999 constitution (as amended) that provides for their removal as governor and deputy governor respectively for reason of defection.

Among other grounds, the appellants argued that the lower court erred in law when it assumed jurisdiction on issue of defection of appellants when it had no jurisdiction over same.

The error, according to Umahi and Igwe, was that the trial court’s interpretation of what amounts to the Federal High Court having the powers of State High Court under the constitution was wrong.

The appellants argued that they were state officers and not federal officers.

The appellants also faulted Justice Ekwo for relying on Sections 68 and 109 of the Constitution in holding that having defected from the PDP to the APC, they have offended the provisions of the Constitution and must vacate their offices.

Judgment to curb cross carpeting among politicians- SANs

Some Senior Advocates of Nigeria said the judgement would prevent cross carpeting among Nigerian politicians who had always sought defections from parties which got them elected to power.

In an interview with one of our correspondents, Mr Ebun-Olu Adegboruwa, said the constitution empowered judges to make proclamations, adding that any dissatisfied person could approach an appeal court.

Another Senior Advocate, Chief Yomi Aliyu, said, “The judgment will indeed curb the high rate of cross carpeting among politicians in the country. The judgment has been appealed and definitely, the appeal judge will take a position. However, it speaks a lot of volume.”

On his part, Chief Mike Ozekhome, said the judgment cannot stand the text of time.

“I am of the firm belief that the judgment, shredded of all legal and factual details, cannot stand the acid test of constitutionalism, nor pass the furnace of appellate courts scrutiny.

“This is because the tenure of office of a governor and his deputy are constitutional matters,” he said.

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Related Topics:appeal Featured lambasts NBA sacked SANs Umahi

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Wike: My fallout with Secondus was his opposition to Fubara

Published

13 hours ago

December 28, 2024

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Minister of the Federal Capital Territory (FCT) Nyesom Wike

Wike: My fallout with Secondus was his opposition to Fubara

The Minister of the Federal Capital Territory, Nyesom Wike, has shed light on his role in the removal of Uche Secondus as the National Chairman of the Peoples Democratic Party (PDP).

Speaking at a PDP gathering in Rivers State, Wike explained that his decision was fueled by Secondus’ opposition to Siminalayi Fubara’s governorship ambition in 2023.

According to Wike, Secondus had pushed for his cousin, Tele Ikuru, to secure the PDP ticket for the governorship position, a move Wike said he could not support. This, he revealed, was the primary reason he championed Secondus’ ouster from the party’s leadership.

Politics

APC reacts to Kwankwaso’s statement to reduce party’s votes in 2027

Published

2 days ago

December 27, 2024

Trends Admin

APC reacts to Kwankwaso’s statement to reduce party’s votes in 2027

The All Progressives Congress (APC) in Kano state has dismissed claims by former Governor Rabiu Kwankwaso that the New Nigeria Peoples Party (NNPP) will significantly reduce APC’s votes in Kano State during the 2027 elections.

Reacting in a statement on Thursday, Abdullahi Abass, chairman of the state chapter of the party said Kwankwaso’s assertion is laughable and nothing but a mere daydream. Abass called on Kwankwaso to focus on reclaiming his membership in the NNPP rather than making unfounded claims.

The APC described Kwankwaso as a political refugee clinging to Governor Abba Kabir Yusuf in a futile attempt to regain relevance. They warned Kwankwaso that the APC would not allow a repeat of the alleged vote manipulation and allocation that created the impression of NNPP’s influence in Kano State during the 2023 general election.

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“Our teeming supporters in the APC have no cause to worry about Kwankwaso, who has been booted out of the NNPP due to his cluelessness and self-centredness. We expect Kwankwaso to keep wondering why he has become a wanderer in the political terrain,” the party chair said.

“He ran away from APC because he couldn’t fit into our progressive ideals. His overbloated ego and domineering posture forced him to abandon the PDP, and he has now become a political refugee because the NNPP refused to accommodate him.”

Kwankwaso had on Wednesday received some political decampees at his residence. During the event, he claimed that the NNPP was now formidable enough to diminish APC’s influence in the state.

“If the PDP could struggle to receive 15, 000 votes in the 2023 Presidential elections in Kano, APC would not only receive below expectations but would receive the most embarrassing votes in the 2027 elections in Kano,” he stated

“NNPP achieved tremendous success in the presidential and governorship elections despite being a new political platform with a late start to its campaign. APC will be diminished in Kano in 2027,” he added.

APC reacts to Kwankwaso’s statement to reduce party’s votes in 2027

Politics

Kwankwaso: APC will struggle to get 15,000 votes in Kano

Published

2 days ago

December 27, 2024

Trends Admin

Rabiu Musa Kwankwaso

Kwankwaso: APC will struggle to get 15,000 votes in Kano

Ahead of the 2027 general election, the 2023 Presidential candidate of the New Nigeria People’s Party, NNPP, Senator Rabiu Kwankwaso said his party would work tirelessly to ensure that the ruling party, All Progressive Congress, APC, struggle to secure less than 15,000 votes in Kano State.

The APC, has, meanwhile, asked Kwankwaso to channel his energies towards reclaiming his membership in the NNPP not day dreaming over claims to relegate the APC in the state.

Kwankwaso while receiving delegates of the NNPP from the Kano North senatorial district at his Miller Road Mansion in Kano, acknowledged the hard work of the party during the 2023 elections, which resulted in the Peoples Democratic Party, PDP, struggling to secure only 15,000 votes in Kano.

He said: “Now, it’s turn to diminish APC’s influence. We will work tirelessly to ensure their votes are reduced to less than 15,000 in Kano by 2027.”

He encouraged his supporters to remain focused on delivering results that would secure the party’s success in future elections.

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The leader of the delegates, Abdul Bichi, told journalists that the visit was to renew their loyalty to the national leader of the NNPP, Kwankwaso and to distance themselves from former Secretary to the State Government, SSG, Dr. Abdullahi Bichi.

Abdul said they had parted ways with Bichi since his removal from office.

“It is true we are supporters of the former SSG, and we are from the same constituency as Dr. Bichi, but we have decided to distance ourselves from him since he is no longer with the government.

“We have come here to see our national leader and founder of Kwankwaso in solidarity and to renew our total loyalty to him. We have come to say we are not leaving our party. We are not going with the SSG,” Abdul said.