The Ebonyi State Government has boasted that its “legal giants” will shock the Peoples Democratic Party in the state should it decide to approach the court to challenge the ruling on Governor David Umahi’s defection to the All Progressives Congress.
Umahi had in November 2020 dumped the PDP on which he was elected for two terms, and moved over to the APC.
Owing to the development, Senator Sonni Ogbuoji approached the court by way of originating summons and asked it to hold that the governor, having defected to the APC from the PDP, ought to vacate the office.
As a consequence, the Abakaliki Division of the Ebonyi State High Court, on Monday, dismissed the suit challenging the defection of Umahi.
The court ruled that the governor did not flout any provision of the Electoral Act or the constitution to warrant his removal from office.
But, the Ebonyi State Chapter of the PDP, on Friday, vowed that it would appeal the judgment delivered by Justice H. A. Njoku at the Court of Appeal, describing it as a sham.
The PDP said Justice Njoku erred in delivering the judgment and that it would petition the National Judicial Council, stressing that the judge’s conduct debased the judiciary and abused court processes.
Reacting to the PDP’s planned appeal of the judgment on Saturday, the Commissioner for Information and State Orientation, Uchenna Orji, said in a statement that the opposition party lacked the legal footing and knowledge to challenge Justice Njoku’s ruling, adding, “In all of its (PDP) lengthy press release, the only grouse by Mr Tochukwu Okorie and his frustrated party is that the Peoples Democratic Party was not joined in a suit filed by a candidate that came second in an election that produced our dear governor in 2019.”
According to Orji, the matter being frivolously queried by the PDP, had been robustly contested and decided by legally recognised entities, which were invested with unfettered right under the Constitution of the Federal Republic of Nigeria.
The commissioner stated, “We have noted the understandable expressions of frustration and confusion that engulfed the spirit and letters of the press release of the Chairman of the Peoples Democratic Party, Ebonyi State chapter, Mr Tochukwu Okorie.
“We would not have joined issues with a man, who is neither politically nor legally rooted and a man notorious for faking titles in order to deceive the gullible about his personality, but for the need to put the records straight for the public pleasure.
“We discountenance with utmost responsibility the press release of Mr Tochukwu Okorie as absolutely irresponsible, without foundation and mischievously woven to attack the credibility of a robustly contested and well decided matter instituted by legally recognised entities and personalities, who are invested with unfettered right under the Constitution of the Federal Republic of Nigeria 1999 (as amended) to sue and be sued; we view the press release as a substance-less piece calculated to sully the hard earned reputation of the judge of the State High Court, who heard and judicially and judiciously disposed of a matter properly brought before him, and that of the lawyers for both parties, who diligently discharged their constitutional duties of legal representation.
“It will be noted that the judge never acted ultra vires and that his court never acted outside the jurisdiction conferred on it by the grundnum itself. Incidentally, it has coordinate jurisdiction with the Federal High Court on this matter. So, Mr Tochukwu Okorie must know that his disparaging press release is politics taken too far and it goes with legal consequences.
“The verbose and clumsy press release of the Ebonyi State PDP Chairman gave indication that his party had filed a suit at the Federal High Court, Abuja, to challenge the defection of our dear governor, David Nweze Umahi, and his deputy, Eric Kelechi Igwe, from the Peoples Democratic Party to the All Progressives Congress, Next Level. In other words, they sought to determine whether by their defection to the APC, the PDP ought not be sworn-in as the governor.
“In all of this lengthy press release, the only grouse by Mr Tochukwu Okorie and his frustrated party is that the Peoples Democratic Party was not joined in a suit filed by a candidate that came second in an election that produced our dear governor in 2019; the grouse of Mr Tochukwu Okorie and his party is that the candidate who came second ought to have folded his hands and wait for the PDP to be through in the Federal High Court when the law stipulates that should the winner of an election ceases to hold office as a result of pre-election or election issues, that the candidate who came second will be declared the winner.”
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