By James Orji
Governor Dave Umahi remains in office for now, the Independent National Electoral Commission, INEC has said in response to his sack by an Abuja High court earlier this month. The electoral umpire was expected to withdraw the certificate of return it issued the governor in line with the judgement.
INEC decision comes barely 24 hours after Governor Umahi said he’s not bothered by the court’s judgement because he cannot be sued as governor due to his immunity.
The court had sacked Umah, his deputy Eric Igwe and 18 lawmakers of the state house of assembly for defecting to the ruling All Progressives Congress, APC from the Peoples Democratic Party, PDP. They have now appealed the judgement.
Thus, following the judgement, the PDP had appealed to INEC to issue a new certificate of return to its nominated candidates Iduma Igariwey as governor and Fred Udogwo as a deputy , respectively to replace Governor Umahi and his deputy.
But the Prof. Mahmood Yakubu-led INEC has declared that it cannot act now until the Court of Appeal makes a judgment over the issue. According to the commission, it has received many conflicting court judgments on the issue, noting that it will not take any decision for now until the outcome of the appeals.
Festus Okoye, chairman of INEC’s Information and Voter Education Committee, said in a statement on Thursday that the decision to defer its action was reached at a management meeting yesterday.
INEC said, “It will be recalled that the commission met on Thursday, March 17, on the matter, decided to defer its deliberation on the Ebonyi cases,” the statement reads.
“The commission stepped down the listed memorandum to enable its legal services and clearance committee to study the new processes served on it in the light of the previously served ones and advise the commission comprehensively.
“Since then, the commission has been served yet more court processes on the same matter, bringing the total to 12.
“The commission deliberated extensively on these cases and decided to further suspend action on the defection of the governor and deputy governor of Ebonyi State and sixteen members of the state house of assembly from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), in the light of conflicting court judgments and court orders served on it from courts of coordinate jurisdictions.
“The commission also considers it prudent to stay action on the conflicting judgements and orders being aware of the pendency of appeals and motions for stay of execution of some of the judgements before various divisions of the court of appeal.”
Umahi had while visiting President Muhammadu Buhari on Wednesday, said he’s not losing sleep over the matter.
“I’m not worried because, in the first place, there is no constitutional provision that says that the governor can be sued. So, I’m not suable, but a court judgment is a court judgment.
“I’m not interpreting it, but I can speak to the constitution and the constitution says that once you’re elected, you enjoy immunity.
“As Supreme Court says, votes cast in an election belong to the candidates. And that’s why you have qualifications of a candidate and not qualifications of a political party. So, I’m not worried,” Umahi said.
