TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

Ebonyi guber: battle: We’ll celebrate Appeal Court victory in church Sunday, says Umahi

The Citizen by The Citizen
April 2 2022
in Latest News
A A
0
Sack from office: I’m not worried, constitution backs me to remain as governor – Umahi
The Court of Appeal, Enugu Division, on Friday, affirmed the judgment of an Ebonyi State High Court in Abakaliki, which dismissed a suit praying that Governor David Umahi and his deputy, Dr Kelechi Igwe, be removed from office following their defection from the Peoples Democratic Party to the All Progressives Congress.
The Court of Appeal, in a unanimous verdict by a three-man panel, comprising Justices Joseph Oyewole, Ahmad Belgore and Sybil Nwaka-Gbagi, upheld the earlier decision of Justice Henry Njoku of the Ebonyi State High Court, who had on February 28, 2022 threw out the suit praying that Umahi and Igwe be removed from office.
The suit was filed by Senator Soni Ogbuoji, Justin Ogodo and the APC, who had argued that having defected from the PDP, on whose platform they were elected into office, Umahi and Igwe ought to vacate office, on the basis that the votes that brought in were cast for the PDP and not for them as the party’s candidates in the 2019 Ebonyi State governorship election.
Ogbuoji and Ogodo, who were the APC flag-bearers in the election, had prayed that, having come second in the election, the court should order that they should be sworn in as replacements for Umahi and Igwe, respectively.
But Justice Njoku dismissed the suit, holding that it lacked merit.
Displeased, the plaintiffs went to the Court of Appeal, which, however, on Friday equally dismissed their case.
Justice Oyewole, who read the appellate court’s lead judgment, said the 2008 decision of the Supreme Court in Amaechi vs INEC, as well as the combined reading of sections 221, 177 and 285 (13) of the constitution and sections 31, 85(1), 87(9) and 141 of the Electoral Act 2010, which the appellants relied on would not avail them.
He held, “I have examined the provisions of the Constitution and the Electoral Act and I may say, with due respect to learned counsel, that they are totally irrelevant… They do not relate to the conduct and removal of elected office holders after coming into office.”
Justice Oyewole held that, unlike legislators who, by virtue of sections 68(1)(g) and 109(1) (g), are liable to losing their seats if they defect from the party on which they won election, the constitution was silent on the consequence for elected heads of the executive in the same situation.
Justice Oyewole commended Justice Njoku for rejecting the prayer of the appellants to sack Umahi and Igwe.
Seeming to address the controversy generated by the judgment of another judge, Justice Nyang Ekwo of the Federal High Court in Abuja, who in a similar suit had sacked Umahi and Igwe, Justice Oyewole said it was not the job of the judiciary to remove elected heads of the executive arm of government.
He held, “The learned trial judge (Justice Njoku) must be commended for rejecting this invitation, which would have done incalculable damage to the rule of law and constitutionalism. Judicial activism must be guided by the rule of law; otherwise, it will degenerate to judicial rascality.”
Justice Oyewole stressed that “The removal of elected member of the executive arm of government is substantially that of the legislature and where impeachment is contemplated the role of the judiciary is limited to setting up the investigative panel. The removal of the heads of other arms of government has not been ascribed to the judiciary.”
He awarded N200,000 cost against Ogbuoji and Ogodo in favour of Umahi and Igwe.
He, however, rejected the argument by Umahi and Igwe, through their lawyers, that the suit should not have been brought against them because they enjoy immunity under Section 308 of the constitution.
“Immunity provided by Section 308(1) of the constitution cannot avail the 1st and 2nd respondents in the circumstances of the case,” Justice Oyewole held.
The other members of the panel, Justices Belgore and Nwaka-Gbagi, aligned with the lead judgment.
Reacting, Umahi commended the judgment, saying he would always defeat his opponents no matter where they went.
“We will conduct a special praise and worship service on Sunday to thank God for His mercies on the government and the people,” he said.
However, a PDP chieftain, Chief Abia Onyike, said the judgment would be challenged at the Supreme Court.
Previous Post

Abia deputy governor declares for 2023 guber race

Next Post

Defection: Marafa urges Zamfara governor to settle with deputy

Related Posts

2027: Why I can’t step down for Atiku – Peter Obi
Headlines

I left Anambra debt-free, Peter Obi insists

September 25 2026
NECO suspends 2020 exams indefinitely
Latest News

NECO records 58.67% pass rate in English, Maths

September 25 2026
Tinubu, Shettima’s absence: I’m not Acting President, says Akpabio
Headlines

Tinubu, Shettima’s absence: I’m not Acting President, says Akpabio

September 23 2026
Tinubu orders probe into death of detained miners in Niger State
Headlines

Tinubu orders probe into death of detained miners in Niger State

September 19 2026
Gov. Bago declares 24-hour curfew following unrest over miners’ deaths
Latest News

Gov. Bago declares 24-hour curfew following unrest over miners’ deaths

September 18 2026
JAMB explains ‘not admitted’, ‘admission in progress’ statuses
Latest News

JAMB explains ‘not admitted’, ‘admission in progress’ statuses

September 17 2026
Next Post
Gov. Matawalle presents N160.2bn budget to Zamfara Assembly

Defection: Marafa urges Zamfara governor to settle with deputy

PDP debunks 2023 elections timetable in circulation

Lagos PDP elders, leaders fault congress

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

Minister defends King’s College concession, cites infrastructure decay

Minister defends King’s College concession, cites infrastructure decay

by The Editor
September 16 2026
0

...

Lagos demolishes shanties after four die in community clash

Lagos demolishes shanties after four die in community clash

by The Editor
August 30 2026
0

...

Kano, Sokoto, others spend N53.2bn on scholarships abroad

INEC fixes Sept 19 for Kano Assembly by-election

by The Editor
August 27 2026
0

...

Awujale: Ruling House sues Ogun, kingmakers

Awujale: Ruling House sues Ogun, kingmakers

by The Editor
August 25 2026
0

...

APPOINTMENTS

Enugu governor names Nollywood’s Eucharia Anunobi, Rachael Okonkwo aides

Enugu governor names Nollywood’s Eucharia Anunobi, Rachael Okonkwo aides

by The Editor
September 23 2026
0

...

Gov. Yahaya swears in 19 new Gombe permanent secretaries

Gov. Yahaya swears in 19 new Gombe permanent secretaries

by The Editor
September 11 2026
0

...

Niger State governor appoints six commissioners-designate, four aides

Niger State governor appoints six commissioners-designate, four aides

by The Editor
September 8 2026
0

...

Tinubu swears in Enitan as new Head of Service

Tinubu swears in Enitan as new Head of Service

by The Editor
August 28 2026
0

...

ODDITIES

Residents find lifeless body in Akwa Ibom gutter, police begin probe

New co-tenant absconds with neighbour’s children in Akwa Ibom

by The Editor
September 17 2026
0

Palliatives: Sokoto residents feared dead in stampede at Wammako’s residence

Police Inspector slumps, dies after fitness exercise

by The Editor
September 3 2026
0

How friend deceived me to sell my kidney, bought phones with payment — Victim

How friend deceived me to sell my kidney, bought phones with payment — Victim

by The Editor
August 30 2026
0

GLOBAL NEWS

Gambia orders banks to replace foreign workers with locals

Gambia orders banks to replace foreign workers with locals

by The Editor
September 25 2026
0

...

Trump signs security deal with Greenland, Denmark at UN

Trump signs security deal with Greenland, Denmark at UN

by The Editor
September 23 2026
0

...

Trump bars CNN, MS NOW, Politico from White House

Trump bars CNN, MS NOW, Politico from White House

by The Editor
September 18 2026
0

...

2027 Hajj: Saudi Arabia rejects Nigeria’s request for additional slots

2027 Hajj: Saudi Arabia rejects Nigeria’s request for additional slots

by The Editor
September 17 2026
0

...

Canada flags Nigeria, 16 African countries as high-risk in new travel advisory

Canada raises study permit, visitor visa processing times for Nigerians

by The Editor
September 17 2026
0

...

State of the States

Auto Draft

Enugu Air opens international route to Cameroon, begins Enugu-Douala service

by The Editor
September 25 2026
0

...

I won’t be a godfather; Abia voters will pick my successor, says Gov. Otti

I won’t be a godfather; Abia voters will pick my successor, says Gov. Otti

by The Editor
September 17 2026
0

...

Fubara orders fresh LG elections in Rivers State

Fubara signs N1.84tt Rivers 2026 budget into law

by The Editor
September 3 2026
0

...

Lagos empowers 6,190 residents with free vocational, entrepreneurial skills

Lagos empowers 6,190 residents with free vocational, entrepreneurial skills

by The Editor
September 2 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest

Nigeria advances research sovereignty as Health Ministry, NHIA, partners convene inaugural Health Financing Forum

September 28 2026
Candidate Sowore: Revolution, Marijuana and other stories

Candidate Sowore: Revolution, Marijuana and other stories

September 25 2026
Nigeria, U.S. sign framework for $700 billion mineral investment

Nigeria, U.S. sign framework for $700 billion mineral investment

September 25 2026
Court nullifies Pantami as Gombe PDP guber candidate

Court nullifies Pantami as Gombe PDP guber candidate

September 25 2026

EDITORIAL REVIEW

Tele-robotic surgery: Nigeria needs more medical feats – Punch

Tele-robotic surgery: Nigeria needs more medical feats – Punch

by The Editor
September 25 2026
0

2027: Voter registration figures must mirror turnout – Punch

2027: Voter registration figures must mirror turnout – Punch

by The Editor
September 17 2026
0

EFCC recoveries: The good, the bad and the ugly – Punch

EFCC recoveries: The good, the bad and the ugly – Punch

by The Editor
September 11 2026
0

Football’s house of failure – Punch

Football’s house of failure – Punch

by The Editor
September 8 2026
0

FAAC shares N2.09tr to FG, states, local councils as October revenue

FAAC bonanza: Nigeria’s fiscal paradox – Punch

by The Editor
September 3 2026
0

Opinion

Candidate Sowore: Revolution, Marijuana and other stories

Candidate Sowore: Revolution, Marijuana and other stories

by The Editor
September 25 2026
0

...

 Akpakomiza and other stories

by The Editor
September 1 2026
0

...

‘Fake’ Agency: Adeyemi insists DG appointment genuine

Fake agencies: Why Nigeria still needs Oronsaye report

by The Editor
August 25 2026
0

...

How Adeleke danced back from the dead

How Adeleke danced back from the dead

by The Editor
August 19 2026
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.