Defection: Umahi's Lawyer Gives Update After Court Ruling

Posted by Thandiubani on Fri 01st Apr, 2022 - tori.ng

Recall that the Appeal Court in Enugu State on Friday dismissed the suit, describing it as unconstitutional and of no effect, imposing a fine of N200,000 against the appellant.

The Appeal Court sitting in Enugu has been commended over its recent ruling striking out a suit seeking to remove David Umahi from office for dumping the Peoples Democratic Party, PDP to the ruling All Progressive Congress APC.

Legal Counsel to the Ebonyi State government, Roy Nwaze gave the commendation on Friday.

Recall that the Appeal Court in Enugu State on Friday dismissed the suit, describing it as unconstitutional and of no effect, imposing a fine of N200,000 against the appellant.

Speaking on the judgement, Roy Nwaze said, “The court of Appeal insists the constitution has not provided that the governor who defected from the party that sponsored him to another party should leave office.

“As it was not provided in the constitution, no Court can write it into the constitution and that the court has no power to remove a governor after he has been sworn in. It is only the state House of Assembly that can remove the governor.

“With the judgement delivered here today, you see the appeal in Abuja will still be heard, just to fulfil the legal formality of dismissing the judgement of the Federal High court sitting in Abuja.

“This Appeal court judgement today has set a pattern, and no other court can depart from that pattern. No Court of Appeal decision can depart from the pronouncement of the court of Appeal in Enugu.

“The judgement of the Appeal court is in favour of the governor” he stressed.