*Describes Principle as “good one” Involving Judicial Legislation
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Prof. Itse Sagay (SAN), Chairman of the Presidential Advisory Committee Against Corruption (PACAC); on Tuesday said he agrees with the court ruling sacking Governor David Umahi of Ebonyi State and his deputy, Kelechi Igwe.
Sagay, while arguing that the provision that governors should resign after defecting from their political party is not mentioned in the constitution as it only specifically said lawmakers.
However, he said the principle is a good one as it has been established in the case of Rotimi Amaechi versus Celestine Omehia.
He also said Umahi and his deputy can appeal the judgment within the stipulated time allowed in the constitution.
“That judgment has been established by the Supreme Court in Amaechi’s case.
“The constitution specifically stated that when an elected member of the National Assembly changes from one party to another, he will lose his seat and will have to recontest it, unless there is a split in his party and a faction of it decides to join another party. That is the provision of the constitution. No reference was made to governors.
“So, what this judge has done is to extend to governors a provision which is specifically addressed to National Assembly.
“In my view, there is a little bit of judicial legislation going on here because governors were not mentioned in the constitution even though I don’t know why that was so.
“However, the principle that if you are elected on the platform of one party, you shouldn’t change to another party without resigning is a good one. I think it was an unfortunate omission that the governors were not included.
“But I agree with the judge that the same principle applies, both as a principle of law and morality. But I definitely know there will be an appeal on that ground that there is no specific mention of that in the constitution”.
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