By Emmanuel Ogbeche
On Tuesday, November 17, 2020 Governor David Umahi announced his defection from the Peoples Democratic Party, PDP, to the opposition All Progressives Congress, APC.
At his defection, Umahi, the Bible professing politician, claimed that he was leaving the party he rode on two occasions to power because of injustice.
According to him, “I offered this movement as a protest to injustice being done to South-east by the PDP. Since 1999, the South-east have supported the PDP. At a time the five states were all PDP. One of the founding members of the PDP was from South-east, the late former Vice President, Alex Ekwueme.
“It is absurd that since 1999 going to 2023, the South-east will never be considered to run for presidency under the PDP. And this is my position and will continue to be my position. It had nothing to do with me or my ambition,” Umahi said at that time.
Having pitched his tent with the APC controlled centre, Umahi became a terror to those he once hibernated with. For a man touted as having the fear of God, Umahi did not believe that the Host of Heavens should fight his traducers, he was all out to vanquish his “enemies” by all means necessary.
Preparatory to his dumping the PDP, the governor sealed the state headquarters of his soon-to-be discarded party and has left it shut since then.
To demonstrate that he was not to be toyed with and loyalty to him ought to be total, those who refused to tow the path of ignominy with him felt the heavy hand of Umahi in no small measure.
One of those that has felt the scorpion sting of the governor is the spokesman of the PDP in Ebonyi state, Nwoba Chika Nwoba. Nwoba has been treated like a common criminal and remains in detention.
So, when Justice Inyang Ekwo of the Federal High Court sitting in Abuja, on Tuesday, March 8, 2022 ordered that Governor David Umahi of Ebonyi State and his Deputy, Dr Eric Kelechi Igwe, as well as 17 other lawmakers vacate their offices following their defection from the PDP to the APC it was no less earthshaking as it was historical.
Justice Ekwo held that the votes Governor Umahi secured during the March 9, 2019 governorship election in Ebonyi state, belonged to the PDP and same could not be legally transferred to the APC.
For a while now, governors and lawmakers of the various parties especially the APC and PDP have been standing the constitution on the head with their vexatious and anti-democratic prostitution in terms of party membership.
Not too long ago, Governors Ben Ayade of Cross River State and Bello Matawalle of Zamfara left their parties to the APC in breach of constitutional provisions.
In various instances, the Supreme Court held that an elected official who defects from their political party to another political party whilst there being no split or division in the national organ of the party on whose platform he or she emerged, would lose such Senatorial seat.
According to Justice Aniagolu in FEDECO v GONI (1983) LPELR-1266 (SC); and ABEGUNDE V O.S.H.A (2015) LPELR-24588 (SC)- that the mischief behind the legislation was to cushion against the “malevolent practice of cross-carpeting of politicians of yesteryears who for financial considerations or otherwise, crossed from one Political party to another without qualms and without conscience”.
Immediately the ruling of Justice Ekwo hit cybersphere, opinions started flying. One of such was by Opaluwa Omera, who like the typical Nigerian, opined that nothing will come out of it.
The import of Justice Ekwo’s ruling is not whether Umahi will actually vacate his seat, but that the laws should be tested. Now that a court of competent jurisdiction has ventured to rule that a state governor cannot justice dump the party he was elected on for another for scurrilous reason, it could just lead to the appellate and apex courts agreeing to the ruling of the lower court one day in future.
As is expected, Umahi is heading to the Appeal Court and possibly Supreme Court by which time his time in office would have elapsed, but to not try is the greatest tragedy. So, let parties approach the court. Let individuals try the legal option and in that way, the rule of law, rather than the whims and caprices of individuals could find a cornerstone in our country.
• Ogbeche is the Chairman, Nigeria Union of Journalists (NUJ), Abuja chapter.