A former Senator in Ebonyi State, Senator Julius Ucha, has described the removal order of Engr David Umahi and his deputy, Barr Kelechi Igwe, as unconstitutional and illegal.
He said the judgement of the Federal High Court, Abuja over the defection of Umahi and his deputy would be subject to judicial interpretation by the Appellate and Supreme Courts.
He stated this in a statement, in Abakaliki, stressing that the 1999 Constitution and 2010 Electoral Act (both as amended) did not contemplate what happens when a serving governor defects from one political party to another.
Ucha said, “The 1999 Constitution of the Federal Republic of Nigeria (as amended) stipulates reasons for the defection and those stipulations are only applicable to members of State House of Assembly and National Assembly. There’s no provision in the Constitution contemplating what will happen when a Governor defects.
“Therefore, I do not know why the issue of the defection of a state governor is a subject matter of litigation. The 1999 Constitution of the FRN as amended has a specific provision as to how a Governor can vacate his office.
“Those provisions are by death, resignation, incapacitation and by impeachment on misconduct by the State House of Assembly. It is not known to law or the Constitution that a Governor can be removed from office as a result of defection.”
He dismissed the nomination of some persons to act as Governor and Deputy Governor by the Peoples Democratic Party as a sheer mockery and celebration of absurdity, which according to him, must be discountenanced.
He added, “They are pretty sure that it is practically impossible to remove the Governor on account of his defection from one political party to the other. So, their attention is focused on 2023, not on the instant case.
“I say this because 2010 Electoral Act and 1999 constitution as amended have specific provisions that make it impossible for anybody who has not fully participated in all the stages of election to be appointed a Governor.
“It then follows that as provided in Section 141 of the 2010 Electoral Act as amended, it states that Election Tribunal or Court shall not under any circumstance, declare any person a winner of any election in which such a person has not fully participated in all the stages of the election. See also section 285 (13), which did not only emphasise but amplified the position of the Electoral Act in this matter.”
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