Party defection: INEC in dilemma as court affirms Umahi’s sack

…Additional 20 Assembly members removed in Cross River

…APC denies membership of sacked lawmakers

…We’ll enforce High Court judgment — PDP

By Uthman Salami

The Independent Electoral Commission (INEC) appeared to be in dilemma as the Federal High Court in Abuja  (FHC), on Monday, struck out the motion filed by sacked Governor David Umahi of Ebonyi, seeking for a stay of execution of his removal.

In a separate suit, Federal High Court in Abuja sacked another 20 members of the Cross River State House of Assembly over their defection to the All Progressives Congress (APC).

The Peoples Democratic Party (PDP) had instituted a suit against the lawmakers over their defection to the APC.

In the suits against the defections of the Umahi, his Deputy, and other lawmakers, the judges ordered the PDP to proceed in replacement of the sacked officers, ordering INEC to accept the names submitted by the party.

In the case of Dave Umahi of Ebonyi State, his Deputy and other lawmakers, the judge directed the Independent National Electoral Commission (INEC) to immediately receive from the PDP, the names of its candidates to replace them, among others.

Umahi and his deputy, Kelechi Igwe, had earlier prayed the court for the withdrawal of the motion, and the Peoples Democratic Party (PDP)’s lawyer, Emmanuel Ukala, SAN, did not oppose the application.

Recall that Justice Inyang Ekwo had, on March 8, in a judgment, ordered Umahi; his deputy, Kelechi Igwe, and 16 lawmakers to vacate their office and seats over their defection the All Progressives Congress (APC).

Following the Court’s judgment, Governor Umahi and others sought an order of the FHC Abuja, staying the execution of its judgment directing them to vacate their offices over their defection to another political party.

The applicants also prayed the court to stay the execution of its order directing INEC to receive another set of names in their place or hold a governorship election in accordance with Section 177(c) of the 1999 Constitution, pending the hearing and determination of the appeal dated and filed on March 9 by the appellants, among others.

Meanwhile, the counsel to the sacked 20 lawmakers, Mike Ozekhome, challenged the court’s jurisdiction to hear the suit.

He submitted that the cause of action arose in Calabar and that the matter should be transferred to the high court in Calabar.

In his judgment, the presiding judge, Justice Taiwo Taiwo, held that “There is nothing against the law that the suit be heard by this court.”

He affirmed that the 4-25th defendants are joined with other defendants who have their offices in Abuja.

In their defence, the sacked lawmakers had argued that there was rancor in the PDP which led to their expulsion from the party.

However, the judge held that the defendants had intentions to mislead the court. He said he found gaps and loopholes in their argument as they were meant to twist events to suit their own narratives.

Taiwo noted that they not only defected loudly but “took pictures of their defection and were received by the officials of the 26th defendant.

“There is no doubt that the defendants can belong to or join any political association and assembly as they are free to do so. However, the truth must be told.

“I consider the attempts of the 6th – 25th defendants to justify their defection, feeble in the circumstances of this case.”

Taiwo noted that the public voted for the lawmakers through the plaintiff who sponsored them and they were not voted for as independent candidates.

“They had a vehicle which conveyed them and that vehicle belongs to the plaintiff. They cannot abandon the vehicle,” he held.

However, the All Progressive Congress (APC) insisted in their submissions to the court that the lawmakers were not registered members of their party.

Following this judgement, the Chairman of the opposition Peoples Democratic Party, PDP, in Cross River State, Venatius Ikem, said that they would definitely enforce the judgment delivered at the High Court Abuja on yesterday.

Ikem said the judgment was in order and that their mandate has been restored, adding that it was a victory for all that is good.

Thus, the party vowed to “enforce the judgment in accordance with extant due processes. It’s not rocket science to enforce a judgment of the courts. That’s the least of our concerns right now.”

Reacting to the Court’s affirmation of Umahi’s sack, the Party further asked INEC to immediately issue certificate of return to Iduma Igariwe and Fred Udogwu.

The party insisted that INEC is bound to issue certificates of return to Messrs Igariwe and Udogwu as governor and deputy governor of Ebonyi respectively.

Efforts by Nigerian NewsDirect to reach out to INEC for a reaction proved abortive, as calls and text messages to the spokesperson of the Commission was neither returned nor acknowledged at the time of filing this report.