The Ebonyi State Governor David Umahi and his deputy, Kelechi Igwe have appealed the judgement delivered on Tuesday March 8, 2022, by Justice Ekwo of the Federal High Court ordering their removal from office.
By the notice of appeal dated March 9, and filed by Chukwuma Machukwu-Ume SAN, the appellants want the court to allow their appeal and set aside the judgement of Justice Inyang Ekwo of the Federal High Court Abuja, an appeal predicated on 11 grounds.
Similarly, the sacked 16 All Progressives Congress members of the Ebonyi State House of Assembly have prayed the appellate court to set aside Justice Inyang Ekwo’s judgment of March 8, which also ordered them to vacate their seats.
The affected lawmakers in their notice of appeal dated March 9, are seeking an order of the Court of Appeal setting aside the judgement of Justice Ekwo.
The Respondents in the appeal are the Peoples Democratic Party, PDP, the Independent National Electoral Commission, INEC, and All Progressives Congress, APC.
In one of the grounds of appeal, Umahi and Igwe posited that the provisions of section 308 are specific as it states that no civil or criminal proceedings shall be instituted or continued against 3rd and 4th Appellants during their mandate in office as Governor and Deputy Governor respectively.
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The appellants also maintained that there is no provision of the 1999 Constitution as amended, that provides for the removal of the Appellants as sitting Governor and Deputy Governor respectively of Ebonyi State for reason of defection.
Among other grounds, the appellants argued that the lower court erred in law when it assumed jurisdiction on issue of defection of Appellants when it has no jurisdiction over same.
The appellants also faulted Justice Ekwo for relying on Sections 68 and 109 of the Constitution of the Federal Republic of Nigeria 1999, as amended, in holding that the Appellants having defected from the 1st Respondent (PDP) to the 3rd Respondent (APC) offended the provisions of the Constitution and must vacate their offices as Governor and Deputy Governor respectively.
Umahi and Igwe claimed that the trial court misdirected itself because there is no specific mention of Governor and deputy Governor in the provisions of section 68 and 109 respectively of the 1999 Constitution as amended.
Editor: Anoyoyo Ogiagboviogie
