The governor said he had filed a petition against the judge to the National Judicial Council (NJC) calling for his investigation.
Governor David Umahi has said that he remains the governor of Ebonyi State despite Tuesday’s Federal High Court judgement which sacked him from office.
He urged the people of the state to remain calm as he was sure of quashing the ruling at the appeal court.
Speaking to journalists in Abakaliki, the Ebonyi State capital, he also accused the judge, Inyang Ekwo, of bias against him and Ebonyi State.
He said he has forwarded a petition against the judge to the Nigeria Judicial Council (NJC).
Mr Umahi claimed that the judge lacked the powers to remove him as governor as he is covered by the immunity clause which protects him from any form of litigation that is not a pre-election and tribunal matter.
Claims previous judgements vindicate him
Mr Umahi also noted that there were two other similar cases related to the defection of state governors to other parties, in Ebonyi and Zamfara states. He said the two courts in their separate judgements ruled in favour of the governors.
“The constitution stipulates that the only way whereby a governor can vacate his seat is either by death, resignation or impeachment by the House of Assembly,” the Ebonyi governor said.
“There is no other provision that empowers a hatchet man to turn the constitution upside down. I have listened to the judgement of Ekwo and it is very obvious that he was on a mission. He was making all efforts to upturn the rulings of the Appeal and Supreme courts on issues like this.
“We have heard the rumours before now that he was determined to give judgement against all known laws and the constitution to embarrass the APC and the federal government.
“For me, I do not feel worried but I feel so sorry for the judiciary. The executive may have problem, the legislature may have problem but the moment justice could be purchased, then we are in trouble in this country. And the ruling this afternoon is a clear evidence that this country is in trouble.
“And let me tell you that this same judge has over 10 cases against Ebonyi State Government with him and you can imagine what he is going to rule. We have petitioned him to NJC and we will follow it up to ensure that this man is brought to justice.
“I want you to disregard the judgement, it is null and void there is a subsisting judgement in Ebonyi and Zamfara states. So we have chosen the one to obey, we will not obey his ruling, we will obey the ruling of a competent court of coordinate jurisdiction that says you cannot sue a governor.
“The sections of the constitution are very clear, no civil or criminal proceedings could be brought against a sitting governor. This is not a pre-election matter, this is not a tribunal matter. So he has murdered justice in this country and he and his generation will be remembered for this jungle justice which has no leg to stand.
“I am still the governor of Ebonyi state and he has no powers to remove me,” Mr Umahi said
Mr Umahi also argued that the judge lacked the powers to declare the seats of the House of Assembly members vacant.
He said previous judgements have made it clear that it is only the presiding officer of the House of Assembly or the National Assembly that can declare lawmakers’ seats vacant.
The Sack
PREMIUM TIMES reported how Mr Umahi and his deputy, Kelechi Igwe, were Tuesday sacked by the Federal High Court, Abuja, for defecting from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Determined to reclaim its mandate, the PDP sued the Messrs Umahi, Igwe, the APC and INEC.ⓘ
Delivering judgement in the case on Tuesday, the judge, Inyang Ekwo, ordered the governor and his deputy to vacate office.
Mr Ekwo ordered the Independent National Electoral Commission (INEC) to receive names of candidates from the PDP to replace Messrs Umahi and Igwe.
“The votes in any election in Nigeria are to political parties, and not candidates,” the judge held.
The PDP had prayed the court to make a declaration that by defecting from the party on which the Messrs Umahi and Igwe were sponsored and elected, they have resigned or deemed to have resigned from office.
Although the court’s ruling subsists, for now, the governor is expected to remain in office until the appeal process is concluded, likely when the Supreme Court rules on the matter.
PREMIUM TIMES
