In reaction to the court judgement that sacked Governor David Umahi and his deputy from office yesterday, the ruling All Progressive Congress (APC), has described the Federal High Court judgement on the defection of Governor David Umahi as a clear case of travesty of justice and judicial recklessness.
The party in a statement issued yesterday by the Director of Publicity, Mr. Salisu Dambatta, declared that the judgement was dead on arrival. The party stated: “Our attention has been drawn to the judgement made by Hon Justice Inyang Ekwo of Court 5 of Federal High Court FCT, Abuja and the travesty of Justice occasioned by the recklessness of his Judicial decision.”
APC insisted that the presiding Judge committed a glaring judicial error by giving judgement sacking a duly elected and sworn in governor and his deputy without relying on or citing any provision(s) of the constitution or any provision of the Electoral Act that empowers the court to sack a sitting governor and or his deputy, saying, “This is purely a travesty of Justice.”
The ruling party emphasised that the court failed, refused or neglected to understand the clear difference between a governorship candidate of a political party as contemplated by the Electoral Act and a Governor of a state duly sworn in as contemplated by the Constitution of the Federal Republic of Nigeria.
“The Court presided by Hon. Justice Inyang Ekwo further went ahead to rely on the outdated authority of Amaechi v INEC (Omegha case) without exercising the Judicial power of Judicial distinction between pre-election/ election matters and this matter of elected governor defecting to another Political Party.
“He chose not to appreciate, or he lacked the understanding of the difference between a Governor of a State and Governorship candidate of a political party. The Electoral Act and the judgement in Amaechi v INEC contemplate, who is the right candidate of the Party and not the issue of defection, as you all know neither Amaechi nor Omegha raised the issue of defection to another political party. “So, it is absolutely ridiculous and questionable, as it is shameful that a judge could decide a weighty matter such as conditions for sacking the governor of a State without relying on any express provision of the Constitution or Electoral Act or Judicial Authority either of superior courts or even courts of coordinate jurisdiction.”
