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Defection: Court Dismisses Suit Seeking for Umahi’s Removal from Office

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Godwin Okeh, Abakaliki

A High court sitting in Abakaliki capital of Ebonyi state on Monday dismissed a suit seeking for governor David Umahi’s removal from the office for dumping the opposition party, Peoples Democratic Party, PDP, to the ruling All Progressive Congress, APC in Ebonyi state.


The suit filled by Sen.
Sunny OgbuOrji and his running mate who are the governorship candidate of the All Progressive Congress, APC in 2019, against governor David Umahi who defected from the Peoples Democratic Party, PDP, to APC.

Delivering his judgment, the Presiding Judge, Justice Henry Njoku, stated that the plaintiff came by originating summons seeking the Court to hold that the defendant, Governor of Ebonyi State, having defected to APC from the Party through which he was elected ought to vacate the office of the Governor upon defection and that the plaintiff having come second in the 2019 election be sworn in instead.
 
Though the plaintiff did not come through relevant rules of Court to institute their originating summons, the Court still went ahead in the interest of substantive justice to hear the matter of the propriety of the defection of Governor Umahi from PDP to APC 
Justice Njoku dismissed the suit for lacking in merit and awarded the sum of N500,000 against the Plaintiff, Sen. Ogbuorji and his running mate.
The Plaintiff, OgbuOrji is seeking for the removal of governor David Umahi from office for abandoning the Peoples Democratic Party, PDP, whose platform he (Umahi and his deputy, kelechi Igwe) won the 2019 general election.
Sen. Ogbuorji argued that hence the governor David Umahi defected to the ruling All Progressive Congress, APC, on mach 17 2021, and abandoned the votes and political party, Peoples Democratic Party, PDP, whose platform, the defendant won the 2019 general election as governor of Ebonyi state.
He added that there is no other person in PDP that came second in the election, that would takeover from the governor, hence he (Umahi) had abandoned the Victory won under PDP, and urged the court to withdrew Umahi’s victory and be given to him (Ogbuorji) who contested for governor under the platform of APC, and having come second in the 2019 general election.
Responding, the counsel to the defendant, Bar. Roy Nwaze commended the court for demising the suit, adding that: “There are corresponding provisions relating to governor and deputy governor. As far back as 2007, the supreme Court ruled that there are no consequences for a president and vice president defecting from one political party to another.
“It follows that when they say it applies to president and vice president, it also applies to governors and deputy governors. The summary is that a governor can quit his political party, even if it is a day after his swearing in, he can go to any political party. It attracts no legal consequences. 
“On account of the defection of the governor of Ebonyi State to the All Progressives Congress (APC), the man who came second after the election is of the view that if like the legislators who lose their seats after defecting to another political party other than the platform which they were elected . If they can vacate office, it should also follows that if a governor defects, the governor should vacate office like the legislators” he stated.
In a swift reaction, the counsel to Plaintiff, Ogbonnaya Okorie said: “We approached court to investigate the provision of the law visa-vis the defection of the Governor to APC,” Okorie said.
In a remark, the commissioner of information and state orientation, Mr Uchenna Orji said the dismissal of the said suit has forestall all distraction against the governor: “I happened to be in the court when the judgement was delivered that noted all the issues. And the issues has nothing to do with the defection of the governor to APC” he said.

POLITICS

APC Instigating Crises in Opposition Parties, NNPP Alleges

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By Mike Odiakose, Abuja

The National Chairman of the New Nigeria Peoples Party, NNPP, Ajuji Ahmed, has alleged that the ruling All Progressives Congress (APC) has been instiating crisis in major opposition political parties as a strategy to weaken them ahead of 2027 general election.

Speaking during the flag-off of the party’s campaign in Akure, Ondo State capital, ahead of the forthcoming off-cycle governorship election in the state, the ANPP Chairman declared that the party will support opposition parties going into alliance to upstate the ruling party and sack President Ahmed Tinubu.

While emphasising that there will be no room to manipulate the result of the poll, Ahmed said, “The fear that APC might want to manipulate the election is being expressed everywhere, no doubt in Ondo State.

Wherever you have a ruling party, the ruling party might not want to have a good opposition around it.

“But at the end of the day, it is left to us to guard our votes on the voting day by having a credible agent who will protect the votes and who will also be in charge of supervising the counting. Once we have that, we believe that there is nothing the APC can do as such.

“I do not believe that the APC is trying to create crises in opposition parties; I believe that the APC is doing whatever it can to ensure it wins the 2027 general elections.

“Certainly, there is evidence everywhere that they are interfering in other parties, but it is left for the other parties to maintain their integrity and ensure that they remain one and a viable opposition to the APC before and after the 2027 general elections.

“I believe there should be a plan by the opposition parties to unite ahead of the 2027 election. The NNPP will also be part of it if at all it materialises. We have our doors open in such a way that if there is going to be a coalition of all the political parties to go into the election, we are ready for that. But if every individual party wants to go on its own, the NNPP is also preparing for that eventuality.”

On his part, Edema, who urged the electorate not to be intimidated by the power of incumbency, appealed to them to resist any form of vote-trading capable of prolonging the current hardship in the land.

While maintaining that the antics deployed by the ruling party in Edo State will be resisted by the people of Ondo State, the NNPP standard-bearer said, “We are saying Ondo State is not Edo State. Ondo is not Lagos State. The people of Ondo are one of the most enlightened in the whole country and we are capable of protecting our votes and we will protect it.

“We do not fear them. We will dare them.

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POLITICS

S/South APC Annul Suspension of Lokpobiri

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By Mike Odiakose, Abuja

South-South zone of the All Progressives Congress (APC) has annulled the purported suspension of the Minister of State (Petroleum) Heineken Lokpobiri by the party’s executive in his local government in Bayelsa State.

In a statement by the Zonal Legal Adviser of the, Chukwuemeke Ogbuobodo, the party said the APC executive in Lokpobiri’s Ward lacks the power to suspend him as the action runs afoul of provisions of the APC constitution.

The APC South-South Zonal officers described the action as “illegal, null and void,” contending that the local government area executive cannot be a judge in its matter.

Ogbuobodo referred the local government council party executive and “whoever that is sponsoring it, to see article 21.

3 (i) (ii) (iii) (iv) (v) (vi) (a) (b) (c) (d) and (e) of the party’s Constitution and see the procedure for hearing and determination of complaints or allegations.”

He also warned the local council executive that they are not above the law and not to see any other person as beneath it; “APC is not a party for supermen but a party guided by rules of law.

Recall that the APC in Southern Ijaw and Ekeremor local government areas in separate press briefings had last week purportedly suspended Lokpobiri and the 2019 gubernatorial candidate of the party in Bayelsa State, David Lyon.

But Ogbuobodo warned the persons behind the purported suspensions to be mindful that the entire executives in the state were invalidated by the decision of the Bayelsa State High Court in Suit No YHC/16/2022.

“As a consequence, the decision by the so-called LG Executive of APC is unknown to both the party’s Constitution and the laws of the land.”

He stated that to avoid this kind of unwholesome intervention by imposters in the affairs of the party in Bayelsa State given the current vacuum created by the judgment of the High Court of Bayelsa State in suit no. YHC/16/2022 and as a law-abiding entity, party chieftains in the South-South zone would now move swiftly to get the APC National Working Committee, NWC to appoint a caretaker committee to help oversee the party’s activities in the state in the interim pending the election of a substantive state executive.

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POLITICS

PDP Mourns Victims of Jigawa Tanker Explosion, Calls for Inquest

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By Johnson Eyiangho, Abuja

The Peoples Democratic Party (PDP) has expressed deep sorrows over the tragic petrol tanker explosion which resulted in the death of over 150 people with many others injured in Majiya Town, Taura Local Government Area of Jigawa State.

The party in a statement by its Spokesman, Hon.

Debo Ologunagba, on Thursday called on the Federal Government to investigate the remote and immediate cause of the explosion in order to take measures to ensure safer transportation and prevent recurrence of such sad incidents.

“This is another sad commentary on the wave of calamitous events that have befallen our nation as a result of worsening infrastructure, economic hardship and social disorientation in the last nine years.

“Our party is saddened that innocent and heavily deprived Nigerians especially our youths and bread winners of families continue to bear the ugly brunt of misgovernance in our country,” the statement said, and lauded the efforts and courage of the police, firefighters and other Nigerians who helped to put off the fire and rescued some of the victims.

The PDP commiserated with the Government and people of Jigawa State and prays to God to grant speedy recovery to the injured and fortitude to the families of the deceased.

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