Gov. Dave Umahi of Ebonyi State and his deputy, Dr Eric Kelechi Igwe, on Wednesday, appealed the Federal High Court judgement that removed them from office.
Umahi and his deputy were on Tuesday sacked on the ground of their defection from the Peoples Democratic Party to the All Progressives Congress
The duo alongside 16 other lawmakers filed, praying the Court of Appeal in Abuja to upturn the judgment of the high court on the ground of miscarriage of justice.
Representing the governor and his co-appelants, Chukwuma Machukwu Umeh SAN, prayed the Court of Appeal to set aside the decision of the High Court claiming that the judgment was too harsh on them.
Appealing the decision before the Court of Appeal in Abuja, in Suit No: FHC/ABJ/CS/920/2021, Umahi and his deputy stated that the Federal High Court erred when it said it had “not seen any authority which propounds that where a Governor or Deputy Governor defects, from his political party on which platform he was elected into office, he cannot be sued by that political party to reclaim its mandate.”
The Appellants said, “The Hon trial court was virtually setting aside the Supreme court of Nigeria’s decision in AG Federation v. Atiku Abubakar & 3 ORS (2007) LCN/3799(SC)to the effect that there are no constitutional provisions prohibiting President or vice and invariably the Governor and or deputy Governor from defecting to another Political Party.
“The provisions of section 308 are specific Notwithstanding anything to the contrary in this Constitution, but subject to subsection (2) of this section, no civil or criminal proceedings shall be instituted or continued against 3rd and 4th Appellants during their mandate in office as Governor and Deputy Governor respectively.
“The Respondent’s cause of action at the court below was defection of the Appellants from the PDP on which platform they were voted into office to the APC.
“There is no provision of the 1999 Constitution (as amended) that provides for the removal of 3rd and 4th Appellants as sitting Governor and Deputy Governor respectively of Ebonyi State for reason of defection.”
The Hon Justice Inyang Ekwo had in a judgment on Tuesday sacked Umahi and his Deputy, ordering them to vacate their offices as Governor and Deputy Governor of Ebonyi State. Justice Ekwo also ordered 16 members of the House of Assembly to stop parading them selves as lawmakers in the state.