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Defection: Court Sacks Ebonyi Gov, Dep …PDP Submits Nominees For Umahi/Igwe Replacement
A Federal High Court in Abuja has ordered the Ebonyi State Governor, Engr Dave Umahi and his Deputy, Eric Igwe, to vacate their seats as the sitting governor and deputy, respectively, on grounds that the Peoples Democratic Party (PDP) won the election on March 9, 2019, and not its candidate.
This is even as the PDP has nominated Hon. Iduma Igariwey as possible replacement for the sacked governor of Ebonyi State.
Having defected to the All Progressives Congress (APC), Umahi and his deputy cannot transfer the mandate of the PDP to the APC, the court said.
Citing Section 221 of the Constitution, Justice Inyang Ekwo ordered the PDP to immediately send names of replacements to INEC so that fresh elections can be conducted.
Ekwo also ordered the Independent National Electoral Commission (INEC) to cease from recognising Umahi and Igwe as the governor and deputy governor of Ebonyi State.
Delivering judgement in the case, the presiding judge, Justice Inyang Ekwo ordered the governor and his deputy to vacate office, adding that their defection was illegal, null and unconstitutional.
He ordered INEC to receive names of candidates from the PDP to replace Umahi and Igwe.
The governor and his deputy defected from the PDP on whose platform they were elected into office in the 2015 and 2019 general election to the APC.
Determined to reclaim its mandate, the PDP sued the Umahi, Igwe, the APC and INEC.
The court noted that the crux of the matter was the defection of the 3rd and 4th from the PDP to the APC, adding that the averments of the 3rd and 4th Defendants did not address the issue of defection rightly and frontally but rather resorted to general denial to affidavit evidence.
Ekwo said the depositions of the 3rd and 4th Defendants in their counter affidavit were “evasive and insufficient” to competently challenge the Plaintiff’s originating process.
It was the opinion of the court that the “Immunity Clause” in Section 308 of the Constitution is not absolute.
The court ruled that “Section 308 is a veritable constitutional shield” and not for political reasons.
Inyang said Umahi and Igwe did not controvert the deposition that total votes scored in an election belong to a political party.
He stated that evidence abound that the 2nd defendant (APC) contested the Ebonyi State Governorship election held on March 9, 2019, with its own candidates.
“It can be noted that the Constitution does not deal with the issue of defection lightly,” the court stated.
“The 3rd and 4th Defendants cannot transfer the votes and victory of the Plaintiff on March 9, 2019, to the APC. Office of the Governor and Deputy Governor of Ebonyi State belongs to the PDP.
“The option for Umahi and Igwe is to vacate office and wait for next election to contest election under the platform of its new party,” the court declared.
The court said the act of the APC, Umahi and his deputy was aimed at dismantling the 1999 Constitution.
Consequently, the court declared that under the democratic system operated in Nigeria, the plaintiff won the majority of votes during the election and was entitled to enjoy same till end of tenure of office for which the election was conducted.
However, the embattled Ebonyi State Governor, Engr Dave Umahi has reacted to reports of his sack by a Federal High Court in Abuja over his defection to the ruling All Progressives Congress (APC) to the Peoples Democratic Party (PDP).
Speaking to journalists in Abakaliki, Umahi said that the judgement would not stand, and that his followers would not obey it.
He described the ruling as “jungle justice that was purchased.”
The governor insisted that such ruling was not a good development for the Judiciary.
The PDP had in an originating summons marked FHC/ABJ/CS/920/2021, approached the court to declare that by defecting from the party on which they were elected as governor and deputy governor of Ebonyi State to the APC, they had resigned or are deemed to have resigned from office.
Ekwo, in a judgement, yesterday, held that the total number of 393,042 votes Umahi secured at the March 9, 2019 Ebonyi State governorship election belonged to the PDP, hence could not be legally transferred to the APC.
Meanwhile, the PDP has nominated Hon. Iduma Igariwey as possible replacement for the sacked governor of Ebonyi State.
The PDP National Chairman, Dr Iyorchia Ayu, who disclosed this at a world press conference, yesterday, in Abuja, hailed the judgement, saying “the Judiciary is indeed the backbone of this democracy.”
Ayu, who appreciated the Judiciary for what he described as a “landmark judgement”, said the verdict would bring order in the political space and check the issue of political rascality and stolen mandates.
He said, “We also want to single out Justice Inyang Ekwo for special recognition, particularly for being courageous and forthright in going for the substance of the law rather than the technicalities.
“And in line with the court order, PDP is immediately submitting to INEC the names of our candidates for governor and deputy governor of Ebonyi State, respectively.
“We are also calling on INEC to immediately issue the Certificates of Return to the PDP nominees as a replacement for Messrs Umahi and Igwe, pursuant to the Order of the Honourable Court.”
Responding to questions, Ayu said the party nominated Hon Iduma Enwo Igariwey as a replacement for Governor David Umahi, and Fred Udeogu as deputy governor.
Ayu also called on the Chief Judge of Ebonyi State to immediately swear them in as soon as INEC issues the requisites Certificates of Return.
The chairman of the opposition party also called on INEC to immediately withdraw the Certificates of Return from the 17 lawmakers and commence the process of conducting bye-elections to replace them.
Rivers State Governor, Sir Siminalayi Fubara, has described the ongoing construction of the brand new 13.52-kilometre Ngo-Atlantic-Oyorokoto Road as a bold and visionary effort by his administration to open up the coastal region for economic growth and harness the full potential of the state’s blue economy.
The Governor made this remark during an inspection visit to the project site in Andoni Local Government Area. The road, being constructed by Monier Construction Company (MCC), cuts through challenging coastal terrain and leads to a newly identified beachfront facing the Atlantic Ocean.
Governor Fubara explained that while the original plan was to construct a road leading to Oyorokoto Town and its popular beach, his administration decided to expand the project to create an entirely new route that would open access to another pristine beachfront.
“We are doing another inspection today. This particular one is a virgin road, 13.52 kilometres of a new pathway to the blue economy,” Governor Fubara stated.
“Initially, we were constructing a road to Oyorokoto Beach, one of the finest tourist centres in this area. But as we progressed, we discovered another beach directly facing the Atlantic Ocean. It became clear that we shouldn’t limit development to just one site. We want to harness this new beach front as part of our broader plan to develop the blue economy.”
The Governor emphasised that the project, once completed, will not only improve access to coastal communities but also stimulate tourism and economic activities, boosting revenue for Rivers State.
Describing the area’s difficult terrain as challenging, he commended the contractor for its dedication, and expressed confidence that the road would be completed and commissioned by March next year.
“You can see for yourself, it’s a brand-new road in a very difficult terrain, just like the one we saw yesterday. But I strongly believe we will overcome it. From what we’ve seen today, the contractor, MCC, is doing their best, and by next year, hopefully by March, we’ll have the cause to commission this project and give God all the glory,” the Governor affirmed.
Governor Fubara also visited Opobo/Nkoro Local Government Area to assess the progress of work on the Epellema axis of the ongoing 5.2km Kalaibiama-Epellema road project featuring a 450-meter bridge.
Rivers State Governor, Sir Siminalayi Fubara, has expressed satisfaction with the level of progress recorded on the ongoing Trans-Kalabari Road project, revealing that about 75 percent of the critical piling work has been completed.
Governor Fubara made this known while addressing journalists after an on-the-spot inspection of the 12.5-kilometre road project, which will connect the state capital to several Kalabari communities across the sea.
The Governor rode on a boat from a jetty at Rumuolumeni in Obio/Akpor Local Government Area through the rivers and creeks on the project route during the inspection.
The project was awarded to Lubrik Construction Company Limited, on May 15, 2024, with an initial 32-month completion timeline.
The Governor said the visit was aimed at verifying reports from the Ministry of Works regarding the project’s advancement. He commended the contractors for their dedication, and described the progress as “a true reflection of hard work and commitment to excellence.”
“The first phase of the project takes us to Bakana, and features four major river-crossing bridges and nearly five deck-on-pile structures. The terrain is difficult, and the engineering work required is complex. But to the glory of God, I can confirm that the reports I’ve been receiving are accurate. Almost 75% of the piling job, which is the most critical part of the project, has been achieved,” Governor Fubara said.
He emphasised that the Trans-Kalabari Road is one of the most technically demanding infrastructure projects in the state due to its challenging marine terrain but reaffirmed his administration’s resolve to deliver it on schedule.
Governor Fubara highlighted the strategic importance of the road in connecting the Kalabari Kingdom to Port Harcourt, and stimulating economic growth across riverine communities.
“This is a key project that will turn around the lives of the Kalabari people immediately it is concluded. By the grace of God, in the next six months, if we return here for inspection, we might be driving across the bridge,” he said.
Governor Fubara assured Rivers people that his administration remains focused on delivering transformative infrastructure projects that will improve lives and bring lasting development to rural communities.
“We have made a promise to our people to embark on projects that will change lives and bring development, and this is a testament to that commitment,” he added.
The Governor of Rivers State, Sir Siminalayi Fubara, says that the impact of flooding and erosion on the inhabitants of Rivers State, especially those living in coastal communities, are of great concerns to the government.
Governor Fubara lamented the consequences of flood on both human and biotic life, which sometimes lead to loss of life, property, and degradation of the environment.
The Governor made the remark in Port Harcourt during the launch of a book titled, ‘Coastal Zone Flooding And Erosion in Developing Communities, Principles, Cases and Strategies,” written by Emeritus Prof. Wiston Bell-Gam.
According to the Governor, who was represented by the Secretary to the State Government, Hon. Benibo Anabraba, his administration, would continue to undertake and encourage adaptation strategies to combat flooding.
In his words: “The Rivers State Government will continue to undertake and encourage adaptation strategies, such as construction of seawalls and breakers, canals and channels, restoring coastal ecology and ecosystem for coastal resilience and where necessary, the relocation of communities on the coastline.
“These issues are currently receiving the much needed attention and intervention by the recent approval of the construction of shoreline protection along the coastlines of more than five communities in Ogba/Egbema/Ndoni and Opobo/Nkoro LGAs respectively.”
“It is important that as stakeholders in the protection and preservation of marine environment, we all act and advocate for mitigation strategies such as reduction in emission of Green House Gasses that causes climate change and rise in sea levels. Let us promote the use of clean energy and against fossil fuel.
Governor Fubara further cautioned residents to desist from building on waterways.
“We also need to encourage our people to stop developing buildings on and along natural water courses, indiscriminate sea mining and dredging activities on our coastline without consideration for mangroves and swamps,” he stressed.
He appreciated the author for his advanced contributions to the body of knowledge in both Rivers State and globally.
Also speaking, a former Military Governor of the old Rivers State and Amayanabo of Twon Brass, King Alfred Ditte-Spiff, who was Royal Father at the Event, stated that the book was timely to enable stakeholders manage the challenges of global warming.
“Global warming is real. If it’s not addressed globally, a time will come coastal areas will find themselves under water. The coastline of Nigeria is shocking with many mangroves gone,” he noted.
The Reviewer of the Book, who is also the Vice Chancellor of Olusegun Agagu University of Science and Technology, Ondo State, Prof Temi Ologunorisa, explained that the 14-chapter book is timeous as it fills literary gaps between desire and available knowledge on coastal flood and erosion in developing communities.,
“A major beauty of the book that sets it apart is the detailed consideration of flood and erosion control from around the world,” he stated, adding that the book is based on detailed field investigation.