Appeal Court Strikes Out Suit Seeking Removal Of Umahi, Deputy

An Appeal Court sitting in Enugu has on Friday dismissed a suit which sought for the removal of Ebonyi State Governor David Umahi and his deputy, Kelechi Igwe from office over their defection to another political party in November 2020.

Following the defection of Umahi and Igwe from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), the candidate of APC in the 2019 governorship election in Ebonyi, Sonni Ogbuoji, and his deputy, Justin Mbam filed a suit at Ebonyi State High Court seeking the sack of the governor and his deputy.

Ogbuoji and Mbam prayed the court to declare the governorship seat vacant because Umahi and Igwe have jumped ship, and order that the Plaintiffs be sworn in on account that they came second in the 2019 governorship election.

On February 28, the high court in a judgement, however, dismissed the suit and awarded damages of N500,000 against the plaintiff.

Ogbuoji and Mbam, however, appealed the decision, asking the court to upturn the ruling in their favour.

But the appellate court in its rulling on Friday at Enugu upheld the decision of the high court, thereby dismissing the suit.

Umahi and his deputy seems to be facing serial court battles this period as a Federal High Court sitting in Abuja had on March 8 declared the governorship seat vacant on the ground of their defection from PDP to APC.

Justice Inyang Ekwo had while delivering the judgment on a suit filed by the PDP, ordered the governor and his deputy to vacate the office, arguing that they were not supposed to retain the seat having left the party platform through which they got the mandate to rule.

He held that “The votes in any election in Nigeria are to political parties, and not candidates.”

Justice Ekwo also ordered INEC to receive names of candidates from the PDP for replacement of Umahi and Igwe.
Umahi and Igwe have since appealed the judgment.