David Umahi and his deputy, Kelechi Igwe, has appealed Tuesday, March 8, the court’s ruling which ordered their sack from office. The governor and his deputy in a notice of appeal filed before the Abuja division of the Appeal Court said they disagree with the judgement of the lower court. In the notice in the suit number: FHC/ABJ/CS/920/2021, Umahi and Igwe listed eight grounds of appeal against the lower court’s judgment. One of their grounds argued that the lower court erred in law and misdirected itself when it held that no authority propound that where a governor defects from the political party for which he was elected cannot be sued by the party to reclaim its mandate. The duo also argued that the 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. In their appeal, they submitted that there is no specific mention of the governor and deputy Governor in the provisions of sections 68 and 109 respectively of the 1999 constitution (as amended). The notice of their appeal read in part: “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.”
Meanwhile, the Peoples Democratic Party (PDP) was putting finishing touches to submitting the name of a possible replacement for the sacked Governor Umahi of Ebonyi state. According to multiple sources at the national secretariat of the PDP, it was confirmed that “the party was consulting on who to push forward as his replacement as declared by the court with immediate effect. Confirming the development, the source said: “Barr. Silas Joseph Onu, a legal practitioner, an entrepreneur turned politician is prominent amongst the name under consideration.
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