BREAKING: Umahi Wins In Appeal Court

An Appeal Court in Enugu, Friday dismissed the suit filed by the candidate of the All Progressives Congress, APC, Ebonyi State, in the 2019 Governorship election, Senator Sonni Ogbuoji and his Deputy, Chief Justin Ogbodo Mbam, which demanded the Court to declare the seats of Governor David Nweze Umahi and his Deputy, Dr Kelechi Igwe vacant on account of their defection from the Peoples Democratic Party, PDP to the APC.

Recall that on Tuesday, February 28, 2022, the Ebonyi State High Court sitting in Abakaliki, struck out the same suit and awarded N500, 000 as damages against the plaintiff.

In a 37 minutes ruling, the Judge, Justice A.O Belgore dismissed the suit for being inconsistent with the constitution and extant laws of the country.

The High Court further held that having regard to section 308 of the Constitution, it was even wrong to institute criminal or civil proceedings against the office of the Governor or Deputy Governor.

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Dissatisfied with the judgement, the plaintiffs, Mr Suny Ogbuoji and his running mate,Justin Mbam Ogodo, on 7th March 2022, filed an appeal against the judgement, at Enugu judicial division of the Appeal Court.

But the Appeal Court on Friday affirmed the ruling of the Abakaliki High Court, saying, Governor Umahi and his deputy did not offend any provision of the constitution or the Electoral Act, as there is no consequence under the law against the defection of the holder of the office of the President, Vice President, Governor or Deputy Governor, to another political Party from the party that sponsored the election that brought him or her to office.

The Appellate Court in a unanimous judgement delivered by a three-man panel led by Justice J O K Oyowole held that the defection of a political office holder may appear immoral, but it was not the duty of the Court to embark on an investigation or probe into the provisions of the laws, warning that judicial activism must not be turned into judicial rascality.

The Appellate Court further held that there is no provision in sections 180, 188 or 189 of the 1999 constitution as amended, that empowers the Court to remove either a seating governor or the deputy.

According to the learned Justices, the defection of an office holder is not novel to Nigeria’s judicial jurisprudence.

The Court, however, dismissed the appeal and awarded two hundred thousand (#200,000) naira against the appellants.

Reacting to the judgement, Counsel to the Defendants, Barrister Roy O. U Nweze, applauded the judgement, saying, it will be a reference point all over the country.

Also, the Appellant’s Counsel, Ogbonnaya Okorie appreciated the industry of the court in delivering the judgement, adding that he would study the judgement and advice his clients

Also, the Ebonyi State Commissioner for Information and State Orientation, Barrister Uchenna Orji, said the judgement was a demonstration of the capacity of the appellate Court to protect the rule of law as well as the principles of separation of powers.