Umahi’s Removal Unconstitutional, Illegal, Says Ebonyi Senator

Benjamin Nworie in Abakaliki

A former Senator in Ebonyi State, Senator Julius Ucha has described the removal of Ebonyi State Governor, Mr. David Umahi and his deputy, Mr. Kelechi Igwe, as unconditional and illegal.

Ucha added that the judgment of the Federal High Court in Abuja over the defection of Umahi and his deputy would be subject to judicial interpretation by the Appellate and Supreme Courts.

In a statement issued in Abakaliki, the pioneer speaker of Ebonyi State House of Assembly, noted that the 1999 Constitution and 2010 Electoral Act both as amended did not contemplate what will happen when a serving Governor defects from a political party to another.

He said: “The 1999 Constitution of Federal Republic of Nigeria (as amended) stipulates reasons for the defection and those stipulations are only applicable to members of State House of Assembly and National Assembly. There’s no provision in the constitution contemplating what will happen when a governor defects.

“Therefore, I do not know why the issue of defection of a state governor is a subject matter for litigation. The 1999 Constitution as amended has a specific provision as to how a governor can vacate his office. Those provisions are by death, resignation, and incapacitation and by impeachment on misconduct by the State House of Assembly. It is not known to law or the constitution that a governor can be removed from office as a result of defection.”

Ucha, a two term senator who represented Ebonyi Central, dismissed the nomination of some persons to act as a governor and deputy governor by the Peoples’ Democratic Party (PDP) as a sheer mockery and celebration of absurdity which must be discountenanced.

He said that when the PDP was talking about reclaiming Ebonyi State, it was not only a distraction but deception and diversionary to make it difficult for Governor Umahi to install his successor.

“They are pretty sure that it is practically impossible to remove the governor on account of his defection from one political party to the other. So, their attention is focused on 2023 not on the instant case.

“I say this because 2010 Electoral Act and 1999 constitution as amended have specific provisions that make it impossible for anybody who has not fully participated in all the stages of election to be appointed a governor.

“It then follows that as provided  in Section 141 of the 2010 Electoral Act as amended, it states that Election Tribunal or Court shall not under any circumstance, declare any person a winner of any election in which such a person has not fully participated in all the stages of the election. See also section 285 (13) which did not only emphasised but amplified the position of the Electoral Act in this matter.” 

“I want to call on our leaders whether in PDP or APC from the state who are busy recruiting outsiders to brew crisis in the state to desist from such machinations in order not to reincarnate the past political crisis that almost destroyed our dear state during the notorious Abuja Group between 1999 and 2003,” Ucha said.