THE SACKING OF EBONYI GOVERNOR OVER DEFECTION

Jimoh Olorede contends that the judgment is curious

I was in my state, Osun, on Tuesday, when the bizzare news of the sack of the Governor of Ebonyi State, Dave Umahi and his deputy, Eric Igwe, by a Federal High Court in Abuja, ordering them to vacate their seats as the sitting governor and deputy respectively, over their defection to the All Progressives Congress (APC) from the Peoples Democratic Party (PDP) broke. The breaking news was rather bizzare, and by it, I became flabbergasted. I was particularly shocked because inter-party defection by politicians in Nigeria has almost become an integral norm which characterizes the intrigues, intricacies and antics of our politicking.

In their stylistic selfish politicking (political activity aimed at winning support for oneself), many of the Nigerian politicians would leverage on the goodwill of a political party which enjoyed public mandate only to defect to another party with the paraphernalia of their former party.

Nevertheless, the order of Justice Inyang Ekwo of the Abuja High Court declaring the defection of Governor Umahi and his deputy as illegal, null and unconstitutional stimulates disturbing questions, especially as the list of political office holders (especially governors) who defected from one party to another in Nigeria is inexhaustible. So, what makes Umahi’s case different? Moreso, Umahi’s defection in 2020 antedated the defection of the Cross River State Governor, Prof. Ben Ayade, in May 2021, to the same party, and nothing happened, at least, not yet.

Nevertheless, the legal intelligence and constitutional proofs of Justice Ekwo for sacking Ebonyi Governor and his deputy appeared sane. In his judgement, Justice Ekwo ruled that the Peoples Democratic Party (PDP) won the election in March 2019 and not the candidates. This is hardly contestable! It implies that Umahi would have lost the election if he had contested on the platform of the APC. Consequently, the court held that “having defected to the APC, the governor and his deputy cannot transfer the mandate of the PDP to the APC”.

The presiding judge also stated that there was enough evidence to show that the second defendant (APC) contested the Ebonyi State Governorship election held in March 2019, with its own candidate, and lost. So, citing section 221 of the constitution (Prohibition of political activities by certain associations), which states: “No association, other than a political party, shall canvass for votes for any candidate at any election or contribute to the funds of any political party or to the election expenses of any candidate at an election”, Justice Ekwo ordered the PDP to immediately send names of replacements to INEC for conduct of fresh election, since the party, APC, to which Umahi has defected lost the Ebonyi gubernatorial election held in 2019.

Also, on the sanity of Justice Ekwo’s judgement, the court opined that the “Immunity Clause” in section 308 of the Nigerian Constitution is not absolute, adding the “clause is a veritable constitutional shield” and not for political reasons. Again, this induces curiosity considering the spate of politicians’ defection in Nigerian politics. And this curiosity presupposes a discernible mind to ask questions. Does it imply that certain provisions in the Nigerian Constitution validate George Orwell’s assertion in his book, “Animal Farm” that “All animals are equal, but some animals are more equal than others”?

In Nigeria, the application of constitutional provisions by the judiciary obviously leads to confusion. Often times, the interpretation and application of constitutional provisions depend on the litigant’s prowess to either intelligently outwit the legality of such provisions or smartly refuse to be outwitted by the provisions. Should we conclude this was the case in Umahi’s instance, as the presiding judge stated in his rulings that the defendants (Umahi and his deputy) in their counter affidavit were “evasive and insufficient” to competently challenge the plaintiff’s (PDP) originating process?

Like prostitutes, between 2013 and 2021, not less than nine governors in Nigeria (Umahi inclusive) ‘dissolved’ their ‘political marriages’ with their parties, married another ‘political husband’ and divorced him, just to ‘remarry’ their former political husband. It’s obvious Nigerian politicians take solace in decamping from one political party to another, as they do so with contumacy and effrontery. For instance, in November 2013, five governors from the Peoples Democratic Party (PDP), Rabiu Kwankwaso of Kano, Aliyu Wamako of Sokoto, Abdulfatah Ahmed of Kwara, Murtala Nyako of Adamawa and Rotimi Amaechi of Rivers States joined the APC after staging a walk out on the PDP national convention in Abuja. Funny enough, despite the fact that PDP was the ruling party, the defected governors “transferred the mandate of the party (PDP) to the APC”, (the action upon which Justice Ekwo based his judgement on Umahi’s case), and nothing happened.

Also, Aminu Tambuwal of Sokoto, who was elected Speaker of the House of Representatives under the platform of PDP, defected to the APC in 2014. He later won the governorship ticket of the APC and defeated the PDP candidate in the 2015 election. In 2018, Tambuwal returned to the PDP, and nobody raised the insufficiency of the “Section 308: Immunity Clause” which restricts legal proceedings on the President, the Vice President, Governors and Deputy Governors.

In 2018, Governor Ortom of Benue State decamped from the APC to the PDP. Ortom “transferred the mandate of the APC to the PDP” and nothing happened. The Edo State Governor, Godwin Obaseki, elected in 2016 on the platform of APC, also dumped the party for PDP for reasons of his rift with his predecessor, Adams Oshiomole, and in 2020, Obaseki was re-elected as governor of the state. Professor Ben Ayade of Cross River State was the last governor, in this category, who decamped from one party to another. In May last year, 2021, Ayade dumped the PDP for the APC.

Contradictory to the above, Justice Inyang Ekwo in his rulings that led to the sack of Ebonyi Governor and his deputy said Umahi and Igwe did not controvert the deposition that total votes scored in an election belong to a political party. Again, this sounds sane, but however its insanity induces curiosity in relation to the precedents described above.

Surprisingly, a lawyer, Oguche Agbonika, while discussing Umahi’s sack case on AIT during the 8:00pm news bulletin on Tuesday night said the issues regarding other governors who have defected were not brought forward to courts for adjudication. This is unexpectedly funny and absurd. Could it be true that none of the cases of defections by governors in Nigeria, with the usual outcry that greeted them, was legally challenged in the courts of law?

If none of the defection cases by governors in Nigeria, aside from Umahi’s, was truly taken to courts for adjudication, the question is why? Is it because we are ignorant of constitutional provisions, lack the courage to challenge by asking questions or our legal psyche is blurred by confusion?

Olorede is Ph.D Research Scholar and Public Affairs Analyst

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