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Defection: Court to deliver judgment on suit seeking Umahi’s removal March 8

The Division of the Federal High Court has fixed March 8 for judgment in a suit filed by the PDP seeking the removal of Governor Dave Umahi of Ebonyi from office.

• January 19, 2022
Governor Dave Umahi
David Umahi

The Division of the Federal High Court has fixed March 8 for judgment in a suit filed by the PDP seeking the removal of Governor Dave Umahi of Ebonyi from office.

The PDP is asking the court to sack Mr Umahi, alongside Deputy Governor Kelechi Igwe, for defecting to APC.

Justice Inyang Ekwo fixed the date after counsel to the parties adopted their processes and argued for and against the suit.

The PDP, in an originating summons marked FHC/ABJ/CS/920/2021, urged the court to declare that by defecting from the party on which they were sponsored and elected as governor and deputy governor of Ebonyi, to the APC, a political party that did not win the election, they have resigned or deemed to have resigned from office.

The plaintiff stated that “by so doing, the defendants are deemed to have lost the majority votes scored at the election and consequently should be ordered by the court to vacate their respective offices like governor and deputy governor of Ebonyi state.”

The Independent National Electoral Commission (INEC) and the APC are other defendants in the suit.

However, Chukwuma-Machukwu Ume, a former attorney general of Imo, counsel to the governor and his deputy, had urged the court to decline jurisdiction and transfer the case to Ebonyi.

Mr Ume particularly drew the court’s attention to the fact that Nigeria is a federation with 36 states, including Ebonyi.

He argued that since Mr Umahi was sworn in by the chief judge of Ebonyi and not by the chief judge of the Federal High Court, his removal from office can only be pursued through the Ebonyi House of Assembly and the state’s high court.

Mr Ekwo also fixed March 14 for judgment in another suit marked: FHC/ABJ/CS/ 1041/21 and filed by the PDP against the governor and others.

(NAN)

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