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Tag: Dave Umahi

  • 2023: Umahi loses senatorial bid in court

    2023: Umahi loses senatorial bid in court

    A Federal High Court in Abakaliki on Friday, dismissed suit filed by Gov Dave Umahi seeking the Independent National Electoral Commission (INEC) to accept him as the Ebonyi South Senatorial candidate for 2023 polls.

    The court also recognized Mrs Ann Agom-Eze, who came second in the May 28 primary of the APC in the state and ordered INEC to conduct fresh primary within 14 days for the zone to accommodate Agom-Eze.

    Recall that Umahi through his counsel, Roy Nweze, had dragged INEC to the Federal High Court, compeling the commission to recognize him as the authentic senatorial candidate for the zone.

    Also recall that Mr Austin Umahi (the governor’s younger brother), a contender had withdrawn at the second primary election conducted on June 9, 2022, wherein the governor was reported to have won unopposed.

    Justice Fatun Riman, in his judgement, noted that Umahi was not an aspirant and could not participate in the election or pre-election matters of the All Progressives Congress (APC) as regards the Ebonyi South zone, whose primary held on the May 28.

    Riman said that according to Section 115 of the Electoral Act 2022, the governor neither procured forms for nor participated in the election and could not claim any right based on the primary election.

    The Counsel to Mrs Ann Agom-Eze, Mr Nnaemeka Nwonwu, expressed satisfaction by the judgement.

    “Yes, the court has ordered APC to conduct fresh primary to ratify the candidacy of our client, Ann Agom-Eze, who took the second position as governor’s younger brother has withdrawn.

    “The court has given 14 days from today, Friday to conduct a fresh primary for the zone,” he said.

    Efforts to get the reaction of Counsel to Umahi, Mr Roy Nweze were abortive.

  • LP Chair Eze attacks Umahi, says he can’t deliver Ebonyi to APC

    In Ebonyi state, the Labour Party Chairman,  Splendour Eze, has said Governor David Umahi, who doubles as Chairman South-East Governors’ Forum, lacks the capacity, ability and popularity to deliver the state’s votes let alone those of the entire South-East region, to the All Progressives Congress in 2023.

    Eze accused Umahi of fighting the Igbos he claimed he was fighting for before leaving the Peoples Democratic Party for All Progressive Congress.

    Recall that Umahi had cited injustice against the Igbos as one of the reasons he left the PDP.

    Eze said the entire Southeast stands for Labour party and Peter Obi

    “Coming to the issue of capacity of our dear governor to convince the entire South-East to vote for Tinubu, that is not possible. The entire South-East is for Labour Party and Peter Obi. Labour Party is a movement and His Excellency, Peter Obi is the answer.

    “It’s very unfortunate that some people are still wallowing in political ignorance. Let me tell you, His Excellency Peter Obi is generally acceptable by Nigerians. He is the solution to Nigerian economic problem. He is the only hope for our youth.

    He has promised to move Nigeria away from consumption to production. What this means is that with him as the president, there will be enough employment opportunities for our youth. We must all give him the support. His Excellency Peter Obi is the best presidential candidate we have come 2023.”

    Reacting, the Publicity Secretary of the APC in Ebonyi State, Ogbuatu Simba, said Umahi remained the most vibrant and sought after politician in the South-East zone.

    He said, “Forget Labour Party. The party is looking for cheap publicity and they can’t get it now. The governor has proven he remains the most sought after politician in the zone.

    He staged a historical outing during his quest to become the president of the country, and the entire nation was aware of that and was marvelled.  Umahi has paid his dues and has 100 per cent capacity to deliver Ebonyi votes to the APC, in 2023.”

    The Publicity Secretary of the PDP in Ebonyi State, Chika Nwoba, said Umahi had no constitutional right to order Ebonyi electorate on who to vote for, come 2023.

    In a statement, Nwoba said, “Umahi is daydreaming and can’t force Ebonyi people against their will, come 2023.”

  • Ebonyi House of Assembly declares 3 seats vacant

    Ebonyi House of Assembly declares 3 seats vacant

    Ebonyi House of Assembly has declared the seats of three members elected under the People Democratic Party (PDP) vacant.

     

    The lawmakers asserted that their resignation was stated in a letter purportedly written by the three lawmakers.

    According to the letter, the three lawmakers are Ali Okechukwu (Ishielu North); Franca Okpo Abakaliki North) and Victor Aleke (Ebonyi West).

    The three lawmakers and their PDP colleagues were not at the sitting.

     

    Fifteen All Progressive Party (APC) lawmakers however attended the sitting.

     

    Speaker Francis Nwifuru read the letters on the floor of the House after which he declared the seats of the three lawmakers vacant.

    He also ordered the clerk to write to the Independent National Electoral Commission (INEC) to notify the electoral body of the development and the need to conduct fresh elections in the affected constituencies.

  • Umahi: You can’t sue a Governor in his personal name – Ozoana

    Umahi: You can’t sue a Governor in his personal name – Ozoana

    Following Tuesday’s judgment by Justice Inyang Ekwo of the Federal High Court, Abuja, that sacked Dave Umahi and his deputy, Dr. Eric Kelechi-Igwe as Governor and Deputy Governor of Ebonyi State respectively, a legal practitioner, Sebastian Ozoana has faulted the suit, saying the governor was sued in his personal name, not in his nominal capacity.

    Justice Ekwo’s judgment opened a new vista in Nigeria’s political landscape in suits marked FHC/ABJ/CS/ 920/21 and FHC/ABJ/CS/ 1041/21, filed by the People’s Democratic Party (PDP) seeking the removal of the Governor and his Deputy from office for abandoning the party.

    Ozoana, who is a retired police officer and a notary public, in a telephone interview with TheNewsGuru.com (TNG) on Thursday, said: “under the Constitution, he is enjoying immunity as a Governor, like the Vice President and President; they all enjoy immunity under the law.

    “So, you cannot sue them by their personal name. To start with, that suit was wrong on that premise. You should not have taken a governor to court in his personal name”.

    The legal practitioner noted that the Nigerian Constitution has prescribed how a Governor, Deputy Governor, President or Vice President should be removed from office, stressing that “it is a Constitutional matter”.

    Ozoana argued that the case of Amechi vs INEC is no longer the law, adding: “that of Amechi and INEC decided that the votes belong to the political party but the situation has since changed the law. That is, the vote cast in an election is for the person you have voted for, not for the party”.

    He, however, condemned the action of the Umahi for lambasting the judge personally.

    In his words: “The governor made a mistake of lambasting the judge personally. The fact that a judge gave judgment against a party or person, is not a reason to attack the judge personally. Go on appeal and, if not, take it till the highest court of the land but not to be attacking the judge personally. No!

    “You cannot lambast a judge and call him names; it is never done in any good democracy. The governor was very wrong to have done that and I am equally happy about how the NBA replied to him immediately, to put him in check.

    “It is not when a judgment favours you that you begin to praise the judiciary and the judge. When the judgment is against you, you begin to lambast the judiciary, which is not the proper way to do it”.

    He expressed satisfaction that Umahi has appealed Justice Ekwo’s judgment, saying “which is the proper thing to do. It is not for you to insult the judge, insult the lawyers. If any lawyer has done anything wrong, there are procedures of going against that person”.

  • I have no regrets defecting to APC – Umahi

    I have no regrets defecting to APC – Umahi

    Gov. Dave Umahi of Ebonyi on Wednesday in Abakaliki said he has no regrets defecting to the ruling All Progressives Congress (APC).

    The governor stated this while addressing members and supporters of the party during a solidarity rally held at the Udensi Water Fountain Round about in Abakaliki.

    Umahi, who appealed for calm, assured APC faithful, supporters and friends of the administration who thronged the venue of the rally to express their love and solidarity that the judgement sacking him as governor would not stand.

    He reiterated that he had no regrets dumping the Peoples Democratic Party (PDP) whom he accused of desperation and bent on distracting his administration.

    “I have no regrets leaving PDP. The judgement sacking me as your governor will not stand at appeal and I remain the governor as I’m still working.

    “I said the lawyers of PDP are the ones doing forum shopping and I’m going to report the lawyers to NBA to discipline them because the judge was misled.

    “The blame is not on the judge. The blame is on the PDP lawyers who misled the judge.

    “And I’m using the opportunity to appeal for calm and to let Nigerians know that nobody castigated the judge and we will not.

    “Today, we have appealed the judgement. We have done three things; we have done the appeal at Enugu, and when I say that, we have two judgements, I say that the judgement in Ebonyi, which has equal powers with that of Abuja.

    “We said that we will obey the judgement in Ebonyi; we will appeal the judgement of Abuja.

    “We didn’t say we will disobey, otherwise we would have not appeal, we are before the Appeal Court in Enugu state and that of Abuja.

    “We have also filed a stay of execution. So, we are still the governor and deputy governor of Ebonyi,” Umahi said.

    He said that he has mobilised no fewer than 17 Senior Advocates of Nigeria to Appeal the judgement of the Abuja Federal High Court.

  • Umahi approaches Appeal Court for reinstatement as Ebonyi State Governor

    Umahi approaches Appeal Court for reinstatement as Ebonyi State Governor

    Embattled Governor of Ebonyi State, Dave Umahi and his deputy, Dr Eric Kelechi-Igwe have appealed the Federal High Court judgement that sacked them from office.

    Recall that the duo were on Tuesday sacked on the grounds of their defection from the Peoples Democratic Party to the All Progressives Congress.

    Appealing the decision on Tuesday, before the Court of Appeal in Abuja, in Suit No: FHC/ABJ/CS/920/2021, Umahi and his deputy stated that the Federal High Court erred when it said it had “not seen any authority which propounds that where 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.”

    The Appellants said, “The Hon 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.

    “The provisions of section 308 are specific Notwithstanding anything to the contrary in this Constitution, but subject to subsection (2) of this section, no civil or criminal proceedings shall be instituted or continued against 3rd and 4th Appellants during their mandate in office as Governor and Deputy Governor respectively.

    “The Respondent’s cause of action at the court below was defection of the Appellants from the PDP on which platform they were voted into office to the APC.

    “There is no provision of the 1999 Constitution (as amended) that provides for the removal of 3rd and 4th Appellants as sitting Governor and Deputy Governor respectively of Ebonyi State for reason of defection.”

    The Appellants also said the trial court erred in law and misdirected itself when it relied on Sections 68 and 109 of the Constitution of the Federal Republic of Nigeria 1999(as amended) in holding that the Appellants, having defected from the PDP to the APC, offended the provisions of the Constitution and must vacate their offices as Governor and Deputy Governor respectively.

    The Appellants, in their suit, stated that there is no specific mention of Governor and Deputy Governor in the provisions of section 68 and 109 respectively of the 1999 Constitution (as amended).

    “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,” they argued.

    Adding: “There is no provision in the 1999 Constitution (as amended) which state that Governor or Deputy Governor will vacate his office if he defects from his political party to another political party.

    They also said, “The lower court erred in law and overruled the decision of the Supreme Court of Nigeria when it held that ownership of votes cast during the Governorship Election of 2019 belongs to the 1st Respondent and not the Appellants.”

    They argued that, “The Hon trial court relied on AMAECHI v. INEC and FALEKE v. INEC when same are no longer the law on the ownership of votes cast in an election.

    “Ngige v. Akunyile (2012) 15 NWLR Pt.1323-343 (CA) the court held: “the above provisions show that a political party canvasses for votes on behalf of the candidate. In other words, a political party is nothing more than agent of the candidate in gathering votes to an election”

  • Umahi: We will make decision once court judgement is served to us – INEC

    Umahi: We will make decision once court judgement is served to us – INEC

    The Independent National Electoral Commission (INEC) has said once a copy of the court judgment sacking the Governor of Ebonyi State, Dave Umahi is served, it would make a decision on the ruling.

    TheNewsGuru.com (TNG) had on Tuesday reported that a Federal High Court sitting in Abuja had sacked Governor Umahi and his Deputy, Dr Eric Kelechi-Igwe, following their defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).

    The court said Mr Umahi forfeited his governorship position when he defected from the PDP to join the ruling All Progressives Congress last year.

    “The Commission has not been served with a copy of the said judgement. The Commission will meet and make a decision when it is served with a Certified True Copy of the judgement,” Mr Festus Okoye said.

    Justice Inyang Ekwo had ordered the electoral body to stop recognising Mr Umahi and Dr Kelechi-Igwe as Governor and Deputy, and that the PDP should send names to INEC to replace both of them.

    This new development comes hours after the opposition PDP urged INEC to issue certificates of return to Iduma Igariwe and Fred Udogwu as the new governor and deputy for Ebonyi.

  • INEC receives order for Umahi, Deputy’s replacement

    INEC receives order for Umahi, Deputy’s replacement

    The Independent National Electoral Commission (INEC) has been ordered to receive names of candidates from the People’s Democratic Party (PDP) to replace ousted Govenor Dave Umahi and his Deputy, Mr Eric Kelechi-Igwe.

    TheNewsGuru.com (TNG) reports a Federal High Court sitting in Abuja presided over by Justice Inyang Ekwo gave the order while passing a judgement that sacked Umahi and his Deputy on Tuesday.

    Justice Ekwo ordered Umahi of Ebonyi State to vacate office after his defection from the PDP to the All Progressives Congress (APC).

    Delivering judgment, Justice Ekwo, also ordered Igwe to stop parading himself as deputy governor of the state.

    The PDP had asked the court to sack Umahi, alongside his deputy, Dr Igwe, from office on account of their defection from the party to the APC.

    The PDP, in an originating summons marked FHC/ABJ/CS/920/2021, urged the court to declare that by defecting from the party on which they were sponsored and elected as governor and deputy governor of Ebonyi to the APC, a political party that did not win the election, they had resigned or deemed to have resigned from office.

    The plaintiff stated that the defendants purportedly defected and relinquished their membership of the PDP on which platform they contested and won the governorship election.

    It said “by so doing, the defendants 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 parties in the suit are the INEC and the APC as 1st and 2nd defendants respectively.

    Umahi had announced his defection to APC on Nov. 17, 2020, citing “injustice” as basis of his action.

    Also, Justice Ekwo declared the seats of the 16 lawmakers of the Ebonyi State House of Assembly vacant, having defected from the party on which platform they were elected to APC.

    Meanwhile, the PDP had in another suit marked: FHC/ABJ/CS/ 1041/21 asked the court to declare the seats of the 16 lawmakers vacant having dumped the party for another.

    Delivering judgment in the first suit, Justice Ekwo declared that having defected from the PDP, under which platform they came into power, the duo are deemed to have resigned from the office and, hence, no longer entitled to be called governor and deputy governor.

    The judge held that it was constitutionally wrong for a candidate elected into an office on a platform of a political party to defect to another political while still holding office.

    He said the votes gotten by Umahi and Igwe on March 9, 2019 were PDP votes and not APC.

    Ekwo ordered INEC to receive names of candidates from the PDP to replace Umahi and Igwe.

    “The votes in any election in Nigeria are to political parties, and not candidates,” the judge held.

    He said that the governor and and his deputy failed to adequately defend the substantive issues concerning their defection.

    “It would be constitutionally wrong for a person who was not sponsored by one political party, to defect and become a member of another political party before the expiration of the period he was elected,” he said.

    He said that the “constitution does not treat the issue of defection lightly,” citing Section 221 of the 1999 Constitution.

    According to him, the constitution is put in jeopardy when the will of the electorate who voted for a political party can be brazenly merchandised by candidates without consequence.

    “The APC cannot govern Ebonyi State through the 3rd and 4th defendants (Umahi and Igwe) when it did not win the election that produced them,” he said.

    He said Umahi and his deputy could not have claimed to be unaware of the “consequences of their act of defection.”

    “Having defected to another party, they cannot hold onto the votes of the plaintiff (PDP) to remain in office,” he said.

    Ekwo declared the continued stay in office by the duo as unconstitutional, saying it was in “breach of the provisions of Section 179 (2) (a) and (b) of the 1999 constitution.”

    He ordered that the PDP “is entitled to submit to 1st defendant (INEC), the names of candidates to replace” Umahi and Igwe, “for the purposes of utilising the lawful votes cast in favour of the plaintiff (PDP)” at the March 9, 2019 Governorship Poll.

    “An order is hereby made directing the 1st defendant (INEC) to immediately receive from the plaintiff, the names of its candidates to replace the 3rd and 4th defendants (Umahi and Igwe) for the purpose of utilising the lawful votes cast in favour of the plaintiff.

    “Or in the alternative, the 1st defendant is hereby to hold a gubernatorial election for Ebonyi State in accordance with Section 177(c) of the Constitution (excluding the 3rd and 4th defendants who are disqualified from participating in the election by virtue of Section 182 (1)(b) of the Constitution).

    “An order is hereby made directing the 1st defendant to immediately declare the persons nominated or to be nominated to it by the plaintiff as governor and deputy governor of Ebonyi State,” he ruled.

    The judge, who made an order to injunction restraining INEC from recognising Umahi and Igwe as governor and deputy governor, also made an order of perpetual injunction restraining Umahi and Igwe forthwith from parading themselves as governor and deputy governor.

    In a related development, Ekwo also ordered the lawmakers, who were 5th to 20th defendant in the suit, to vacate their seats in the state’s assembly, having defected from the party that brought them into office to another party.

    The judge, who ordered the INEC to receive a fresh list of names of candidates from the PDP to fill the vacant seats, also directed that in the alternative, the electoral umpire should conduct a fresh election within 90 days to fill the vacancies occasioned by the 16 lawmakers’ defection.

    He held that their seats “are now vacant by operation of Section 109 (1g) of the Constitution of the Federal Republic of Nigeria.”

    The judge also made an order the clerk of the Ebonyi State House of Assembly (4th defendant) to recover from the sacked lawmakers and pay into the account of the House of Assembly (3rd defendant) all salaries, emoluments, remunerations, allowances or any money or property given to or received by the lawmakers (5th to 20th defendants).

    The affected lawmakers include: Odefa Odefa, Victor Chukwu, Kingsley Ikoro, Benjamin Jununu, Nkemka Okoro, Anthony Nwegede, Chinwe Nwachukwu and Onu Nwonye.

    Others are Friday Neuhuo, Moses Odunwa, Chinedu Awo, Chinedu Onah, Chukwuma Igwe, Chukwu Lucas and Francis Nwifuru.

    Meanwhile, the Ebonyi Commissioner for Information and State Orientation, Orji Orji, has described the verdict as a “travesty of justice,” assuring that they would appeal the decision.

    He faulted the court’s reliance on provisions of the Electoral Act dealing with pre-election and election matters.

    “The Court of Appeal decision in Amaechi Vs INEC shows that today’s judgement was a clear case of an error in law and we must challenge it at the appellate court,” he said.

    He said a court of coordinate jurisdiction had pronounced on the matter, saying that the constitution had no provision on defection for governors or had not made it an offence for a governor to defect from one party to another.

    “We can also test the veracity of the Federal High Court decision today at the Court of Appeal.

    “I want to tell Ebonyi people that there is no cause for alarm,” Orji said.

    Moving on the strength of the court ruling, the PDP has nominated Hon. Iduma Igariwe as the new Governor of Ebonyi State, awaiting the endorsement of the INEC.

    TNG reports the PDP also nominated Mr. Fred Udogwu as the new Deputy Governor of the State in line with a court ruling sacking Dave Umahi and his Deputy, Mr Eric Kelechi-Igwe.

    National Chairman of PDP, Senator Iyorchia Ayu made the announcement on Tuesday at the national headquarters of the PDP in Abuja after earlier declining to reveal the names of the nominees.

    “We are happy to inform you that for the position of Governor, the party after due consultation with stakeholders in Ebonyi State is putting forward Hon Iduma Igariwe as the new Governor.

    “For the position of Deputy Governor, the party is putting forward Mr Fred Udogwu. Just to repeat, for Governor, Hon Iduma Igariwe; for Deputy Governor, Mr Fred Udogwu,” Ayu said.

  • BREAKING: APC bickers as PDP names Umahi, Deputy’s successor

    BREAKING: APC bickers as PDP names Umahi, Deputy’s successor

    The Peoples Democratic Party (PDP) says it has submitted names of its nominees to replace the sacked Ebonyi State Governor, Dave Umahi and his Deputy, Dr Eric Kelechi Igwe.

    TheNewsGuru.com (TNG) reports National Chairman of the PDP, Senator Iyorchia Ayu made this known on Tuesday while addressing a world press conference at the party’s national headquarters in Abuja.

    Senator Ayu revealed that the names of the nominees have been submitted to the Independent National Electoral Commission (INEC).

    He disclosed that the party’s National Working Committee (NWC) endorsed the names of nominees to be sworn in as Governor and Deputy Governor of Ebonyi State.

    When asked about the names submitted, he said “we are not going to release the names immediately. But the names will soon be made available to the press”.

    Recall a Federal High Court sitting in Abuja had sacked Governor Umahi of Ebonyi State and his Deputy, Dr Eric Kelechi Igwe, following their defection from the PDP to the ruling All Progressive Congress (APC).

    APC bickers, says Gov Umahi’s sack unacceptable

    Meanwhile, State chapter of the APC in Ebonyi has rejected the ruling by the Abuja Federal High Court.

    In reaction to the court ruling, the State’s Publicity Secretary, Simbad Chidi described the sack by the court as a “disturbance to democracy” in the State.

    “Today’s ruling in Abuja cannot overrule the State High Court that upheld his defection to APC already. The ruling is unacceptable,” Chidi said.

  • Nobody can remove me as Governor of Ebonyi State – Umahi boasts

    Nobody can remove me as Governor of Ebonyi State – Umahi boasts

    David Umahi has said he remains the Governor of Ebonyi State, boasting that nobody can remove him as the Govenor of the State and that he will not vacate the office for anyone.

    TheNewsGuru.com (TNG) reports Governor Umahi made this known while addressing journalists at the State Government House in Abakaliki.

    Recall that a Federal High Court sitting in Abuja on Tuesday sacked the Governor and his Deputy, Dr Kelechi Igwe for defecting to the All Progressives Congress (APC) from the Peoples Democratic Party (PDP).

    Umahi, who described the judgement as a ‘sham’, accused the Presiding Judge, Justice Inyang Ekwo of doing a hatchet job.

    “Nobody can remove me as the govenor of the state as we know where the judgement came from.

    “Justice Ekwo has more than 10 cases against the state government and we will see where this leads him,” Umahi said.

    The govenor assured his supporters and the people of the state that he would complete his mandate.

    “We have petitioned Ekwo before the National Judicial Council (NJC) as his continued stay on the bench is disaster for the country.

    “People should not panic as I, the governor, is not distracted at all,” he said.

    He said that the development will not affect his presidential ambition, noting that his legal team would appeal the judgement.

    “The constitution stipulates that the only way a governor can be removed from office is through death, resignation or impeachment by the state House of Assembly.

    “There is no constitutional provision that empowers a hatchet man to turn the constitution or law of the land on its head.

    “The Supreme Court’s recent judgement on Zamfara among others attests to this fact as I remain the governor of the state,” Umahi said.