*Says Judgement Reaffirms That PDP’s Votes Cannot Be Lawfully Transferred to Another Party
*Says Judgement of FHC Abuja Removing Umahi Still Subsists and Pending Appeal
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Iduma Enwo Igariwey, the People’s Democratic Party (PDP) candidate in the 2019 general election, has said that the judgement of the Federal High Court Abuja that sacked David Umahi as the state’s Chief Executive is subsisting and the appeal filed by Umahi is also pending before the Court of Appeal.
The Appeal Court sitting in Enugu, had on friday dismissed the suit filed by the candidate of the All Progressives Congress, APC, Ebonyi State, in the 2019 Governorship election, Senator Sonni Ogbuoji and his Deputy, Chief Justin Ogbodo Mbam, which demanded the Court to declare the seats of Governor David Nweze Umahi and his Deputy, Dr Kelechi Igwe vacant on account of their defection from the Peoples Democratic Party, PDP to the APC.
The Court held that there was no consequence under the law against the defection of the holder of the office of the President, Vice President, Governor or Deputy Governor, to another political party from the party that sponsored the election that brought him or her to office.
However, in a statement made available to TheNigeriaLawyer, Hon. Igariwey said there’s nothing to worry about the Enugu Court of Appeal’s judgement because it has nothing to do with the other case that sacked Umahi. In fact, according to him, PDP is not a party to the case before the Enugu Court of Appeal
He said, “This is to inform members of the Peoples Democratic Party and indeed the general public that there is absolutely nothing to worry about with regard to the Court of Appeal Enugu Division, decision on Umahi’s defection.
“The judgment merely reaffirmed the decision of the lower court, which had nothing to do with the rights of the PDP. The matter in both the lower court and at the Court of Appeal, were merely determined on the arguments of APC who came a distant second in the election.
“So the issue of the right of the PDP over its votes as determined by the Abuja Federal High Court, and the effect on INEC, never came up for consideration.
“In other words, the Court of Appeal matter in Enugu, merely reaffirmed what the lower Court Abakaliki decided! It did not determine anything new. The decision of the lower Court Enugu, did not affect the rights of PDP who were not joined as party, and has also not placed any obligation on INEC who were also not joined as parties.
“By the decision, APC, is not supposed to inherit the votes of the PDP. In fact, the decision indirectly reaffirms the position of the Peoples Democratic Party, that the votes cast in an election belongs to the party who sponsored the election.”
Hon. Igariwey further explained that the case filed by PDP is still pending before the Abuja Court of Appeal. According to him, the suit before Enugu Court of Appeal was a plot by the parties to rubbish the subsisting order of court that sacked Umahi.
He therefore assured the public that PDP is taking necessary legal measures to ensure that the subsisting court order is complied with.
“The Appeal pending at the court of Appeal Abuja Division is still subsisting. The judgement of the Federal High Court sacking Umahi is still subsisting. The court of Appeal Enugu Division & the suit that gave rise to it is an in-house arrangement between Senator Ogbuoji & chief Umahi, who are both members of APC. It is part of a sinister plot to rubbish the subsisting judgement of the Federal High Court Abuja sacking former Governor Umahi from office.
“PDP is taking all necessary legal measures to ensure institutional compliance with the subsisting clear orders of a Court of competent jurisdiction. We reassure Ebonyians and the general public of our commitment in this regard, as our team of lawyers continue to work tirelessly on this matter.” he said
Recall also that the Federal High Court Abuja presided by Justice Inyang Ekwo had ordered the removal of Umahi and Igwe from office following their defection from the PDP to the APC in November 2020.
Justice Ekwo ruled that the Constitution does not recognise transfer of ballot from one party to another. Umahi appealed the judgement and the Abuja Court of Appeal is yet to decide the appeal.
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