The Independent National Electoral Commission (INEC) has finally issued a statement on the recent sacking of Dave Umahi as Governor of Ebonyi state and his deputy, Chief Kelechi Igwe.
The commission revealed that it was yet to be served the certified True Copy of the Federal High Court that sacked Umahi and Igwe.
Mr Festus Okoye, the INEC National Commissioner and Chairman, Information and Voter Education Committee disclosed this in an interview with Journalists in Abuja.
“The Commission has not been served with a copy of the said judgment.The Commission will meet and take a decision when it is served with a Certified True Copy of the judgment,” Okoye said.
POLITICS NIGERIA recalls that a Federal High Court in Abuja, presided over by Justice Inyang Ekwo, on Tuesday, ordered Gov. Umahi to vacate office after his defection from the PDP to the All Progressives Congress (APC). Justice Ekwo, in the judgment, also ordered Dr Kelechi Igwe to stop parading himself as the deputy governor of the state.
He declared that having defected from the PDP, under which platform they came into power, the duo were deemed to have resigned from the office and, hence, no longer entitled to be called governor and deputy governor.
The judge said 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 in office.
This is indeed a good one for our democracy, given judgment without fear or favor irrespective of the personality involved is commendable.
When you celebrated illegality and still wail and lament the conditions of Nigeria and how she is bedeviled. It is hypocrisy and uninformed.
THEREFORE, THE QUESTION FOR YOU. DID THE GOVERNOR AND VICE Resigned Died and or Impeached. For those are the three statutory methods by which they can be removed from office.
THE DEVELOPMENT IS NEITHER GOOD FOR YOU, DEMOCRACY AND THE COUNTRY.
Much as I’d like to see Mr Umahi vacate office, I think the judge has probably erred in law, unless the Electoral Act expressly states that an elected office bearer loses his office on leaving the party on whose platform he was elected, and/or if any kindred legislation so implies.
In a constituency based system, which Nigeria operates, it’s doubtful if the electorate votes for the party rather than the candidate.
It seems to me that in a constituency based system the electorate elects the candidate, and not the party.
But, depending on precedence or other related legislation, it can be argued that the electorate elects both the candidate and the his party. If this view is upheld, Judge Inyang’s judgment will be upheld on appeal.
“I think the judge has probably erred in law, unless”
Enyinna, there should not be “UNLESS”.
YOU WERE WRIGHT IN YOUR INITIAL ASSERTIONS. THE STATUTORY PROVISIONS OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA EXPRESSLY STATED THAT A GOVERNOR ANS VICE CAN ONLY BE REMOVED FROM OFFICE BY THREE DIFFERENT MODES. Resignation Death and or Impeachment. NONE APPLIED IN THIS ERRONUOUS JUDGEMENT BY Justice Ekwo.
The section 221 she relied upon is inapplicable either. Did not harp on CROSS-CARPETING.
THE ENTIRE EXERCISE REEKS INJUSTICE OR CASH-AND-CARRY DELIVERY AT BEST.
The Nigerian judiciary is part and parcel of the banes of the Nigerian nation and the case of disgraced former chief Justice Omeghen should have been an eye opener, unfortunately they are not taking cognizance of it.
ONLY GOD CAN GET NIGERIA UT OF TE WOODS, NOT NIGERIANS.
“He declared that having defected from the PDP, under which platform they came into power, the duo were deemed to have resigned from the office”
MOST AMBIGUOUS “deemed to have resigned.”.
The judgement is tainted in all forms. I hope Justice Ekwo has copies of their resignation letters or any indication tantamount to with. Because a governor and vice could only be removed from office via three modes recognized by the Nigerian constitution. RESIGNATION DEATH AND IMPEACHMENT.