Following the landmark judgment by the Honourable Justice Inyang Ekwo of the Federal High Court, Abuja, which sacked Ebonyi State Governor, Engr. Dave Umahi, and his Deputy, Kelechi Igwe from office, and the subsequent striking out, by same Court, of the Stay of Execution Suit filed by both men, the Peoples Democratic Party, PDP, has asked the Independent National Electoral Commission, INEC, to immediately issue Certificates of Return to their nominees.
Justice Ekwo, in the landmark judgment delivered on March 8, 2022, sacked Umahi and Igwe for defecting from the political party on which they were elected -PDP- to the All Progressives Congress, APC. The Judge held the view that having jettisoned PDP, both men have also jettisoned the votes cast for them in the Governorship election of 2019 as the votes belong to the political party, not the individuals.
Ekwo ordered Umahi and Igwe to immediately vacate the seats, asked the PDP to nominate new people to occupy the seats, asked INEC to either issue Certificates of Return to them, or organise a fresh Governorship election in the State.
Umahi after throwing tantrums, appealed the judgement, boasting that he had hired 17 Senior Advocates of Nigeria, SANs, for the appeal.
He also filed a Stay of Execution motion. However, Ekwo threw out the motion on Monday, March 21. Umahi’s lead Counsel, Chukwuma Ma-Chukwu Ume, SAN, had prayed the Court for the withdrawal of the Stay of Execution which he filed, pointing out he wanted to effect some corrections. He was not opposed by Emmanuel Ukala, SAN, PDP’s Counsel.
Following that, however, the PDP, in a statement signed by its National Publicity Secretary, Debo Ologunagba, has asked INEC to immediately issue the CoR to its nominees, Hon. Iduma Igariwe and Fred Udogwu as Governor and Deputy Governor of Ebonyi State respectively.
The Party also asked the Chief Judge of the State, to immediately swear both men in as soon as they present their CoR.
According to the Party, these actions have become necessary to prevent the existence of a vacuum.
The Honourable Judge also sacked 17 members of the Ebonyi House of Assembly, including the Speaker of the House, for the same offence. They, too, have appealed the judgement.
Following is the full text of PDP’s statement:
Ebonyi: Issue Certificates of Return to Igariwe, Udogwu Now, PDP Charges INEC
“The Peoples Democratic Party (PDP) charges the Independent National Electoral Commission (INEC) to immediately and without any further delay, issue Certificates of Return to Hon. Iduma Igariwe and Fred Udogwu as Governor and Deputy Governor of Ebonyi State respectively.
“This is in furtherance of the Order of the Federal High Court issued in Abuja today, Monday, March 21, 2022 refusing to grant Stay of Execution to the former Governor of Ebonyi State, Engr. David Nweze Umahi and his Deputy, Kelechi Igwe over their removal from office by the Court.
“INEC, pursuant to the provision of Section 287(3) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) which provides that “the decisions of the Federal High Court, National Industrial Court, a High Court and of all other courts established by this Constitution shall be enforced in any part of the Federation by all authorities and persons, and by other courts of law with subordinate jurisdiction to that of the Federal High Court, National Industrial Court, a High Court and those other courts, respectively” is bound to issue Certificates of Return immediately to Hon. Iduma Igariwe and Fred Udogwu as Governor and Deputy Governor of Ebonyi State respectively.
“In this regard, the PDP also demands that the Chief Judge of Ebonyi State, upon the issuance of Certificates of Return by INEC proceed to swear in Hon. Iduma Igariwe and Fred Udogwu as Governor and Deputy Governor of Ebonyi State respectively.
“This is absolutely necessary to prevent the existence of vacuum in the government and governance of Ebonyi State as Messers Umahi and Igwe can no longer exercise the functions of the office of Governor and Deputy Governor of Ebonyi State pursuant to the Order of the Federal High Court which removed them from office on March 8, 2022 and the subsequent Order of the Federal High Court today, which refused their application for Stay of Execution.
“The PDP commends the judiciary for its courage in defending the Constitution as well as the will of the people of Ebonyi State as expressed in their votes for the PDP in the 2019 governorship election.
“Our Party also congratulates the people of Ebonyi State for the restoration of their mandate and urged them to remain united under the PDP as we forge ahead in our mission to Rescue and Rebuild our country from the rudderless APC administration.”
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