Chief Mike Ozekhome, the lead Counsel to Nnamdi Kanu, has
faulted the ruling of an Abuja Federal High Court that sacked Governor Dave
Umahi of Ebonyi State and his deputy, Dr Eric Igwe.
Ozekhome insisted that a governor and his deputy cannot be
removed from office for changing political parties.
Justice Inyang Ekwo had sacked Umahi and Igwe for defecting
from the Peoples Democratic Party, PDP, to the All Progressives Congress, APC.
The judge ruled that the votes that produced Umahi and his deputy were obtained under the PDP, hence could not be transferred to the APC.
Reacting, Ezekhome stressed that votes belong to the
candidates and not political parties.
In a statement he signed, the Senior Advocate of Nigeria,
SAN, said: “The appellate courts have since held again and again that votes
cast in an election belong to a live candidate and not the political party
which merely serves as a vehicle that enthrone candidates.
“The implication of section 141 of the Electoral Act 2010
(as amended) is that while a candidate at an election must be sponsored by a
political party, the candidate who stands to win or lose the election is the
candidate and not the political party that sponsored him.
“I, therefore, most respectfully submit (as held by
appellate courts) that a political party is merely a vehicle in which a
candidate can ride to contest an election and nothing more. The votes belong to
the candidate and not the political party. The political party ceases to have
any considerable relevance or insolence over a person that has won an election
and has been sworn in as a legislator, Governor or President of the entire
people, who are far larger than a mere political party.”
He pointed out that Section 308 of the Nigerian Constitution
grants absolute immunity to the President, Vice President, Governor and Deputy
Governor while in office.
According to the SAN: “Consequently, no civil or criminal
proceedings could ever sustain against this set of persons, whilst still
holding office.
“Going by the above plethora of authorities, I humbly submit
that a Governor already sworn in cannot be removed by the Federal High Court
through an Originating Summons. It will surely be set aside on appeal.”
Advertise on NigerianEye.com to reach thousands of our daily users
No comments
Post a Comment
Kindly drop a comment below.
(Comments are moderated. Clean comments will be approved immediately)
Advert Enquires - Reach out to us at NigerianEye@gmail.com