Umahi, Gbajabiamila yet to resign from NASS over PEPT fears

[By VICTOR NZE]

Fears over the outcome of the petitions filed against the election of President Bola Tinubu is said to be stalling decisions by Chief David Umahi and Hon. Femi Gbajabiamila to officially resign from the National Assembly days after being sworn into the Federal Executive Council (FEC).

Chief Umahi was sworn-in as the country’s Minister of Works, last Monday, while Hon. Gbajabiamila was President Tinubu’s early appointee as Chief of Staff, last month.

Both Umahi and Gbajabiamila had won elections and were inaugurated into the 10^th National Assembly as senator and Representative, respectively, last month.

Umahi who is the immediate past Ebonyi State Governor won his election into the National Assembly to represent the Ebonyi South Senatorial Zone during the February 2023 polls, while Gbajabiamila was re-elected to represent the Surulere Constituency 1 in Lagos State at the same elections.

However, since inauguration into cabinet, both Umahi and Gbajabiamila have failed to resign and declare their seats vacant at the National Assembly vacant, as required by the constitution.

When they officially declare their seats vacant, the leadership of both chambers will then formally inform the Independent National Electoral Commission (INEC) to conduct bye-elections to fill the vacancies.

While many have frowned at Umahi and Gbajabiamila’s continued and illegal occupation of two portfolios at both the FEC and the National Assembly, some in the All Progressives Congress (APC) have jumped to their defence, citing portions of the law, precisely Sec 68 (1) of 1999 constitution.

Both Umahi and Gbajabiabila are chieftains of the ruling APC.

According to political watchers, there may be fears in the camps of both politicians over the outcome of the cases at the Presidential Elections Petitions Tribunal (PEPT) involving the petitions filed by the Peoples Democratic Party (PDP) and its candidate in the February 25 poll, Atiku Abubakar,  a well as by the Labour Party (LP) and its flagbearer, Peter Obi.

According to them, ‘if Tinubu loses the case at the PEPT, they (Umahi and Gbajabiamila) would not want to be left empty-handed as they will easily return to the National Assembly with their seats intact.’

“So the decision to retain hold of their seats may just be a form of insurance,” opined Mr. Opeola Ibrahim, a Lagos-based politician who did not want to disclose his party affiliation to Oracle Today newspaper, Saturday.

However, there is also a continuation of the same portion of the Section 68 (1) of the 1999 constitution, precisely, subsection 2, which mandates the vacating Senator or Rep to officially present evidence of vacating the office to the Senate President or Speaker.

According to this school of thought, though Umahi and Gbajabiaila may have communicated their resignations to the leaderships of both chambers, the letters must have to be transmitted to the INEC for it to become activated and seen to have been done.

“In their usual dishonesty, they failed to reference subsection 2, which mandates the vacating Senator or Rep to officially present evidence of vacating the office to the Senate President or Speaker,” said another respondent.

It would be recalled that Umahi while addressing a public gathering had bragged that ‘he is still a senator.’

“Don’t you know that I am still a senator?” he told the gathering.

“The moment you take another oath of office, you have exited the national assembly,” Umahi was further quoted as saying.

However, who will compel Umahi and Gbajabiamila to officially resign their seats at the National Assembly now?

While some think only the National Assembly members can do such, others say it is only the outcome of the PEPT that can decide.

“If the judges rule in favour of Tinubhu, they will resign immediately, but if not, they will simply ease themselves back to the National Assembly, as if nothing happened in the first place,” they said.

Reacting to the failure of Umahi to exit the National Assembly via her Twitter (now X) account, Ms Spotlight Abby (@Spotlight_Abby) wrote:

“The difference is called, ‘following due process,’ and there’s often a thin line between that, and abuse of office.

“Umahi made it seem like taking another oath AUTOMATICALLY removes you from NASS, but that’s untrue. It’s the same crooked thinking that landed Shettima in double nomination; same arrogance and attempt to game the system.

“Even by commonsense, does someone’s employment automatically terminate the moment they accept another offer from another company?

“Surely the answer is NO!

“If you do not formally resign an appointment — where you are so required to do, it is unethical to begin another one.

“It is as simple as ABC.

“Umahi even admitted he’s doing it for political reasons (to keep the seat in APC). This again echoes our cries that people should only assume an office after all election petitions are decided by the final court.

“Finally, if you cannot understand nonverbal nuances, or listen for what’s not being said in the video, read section 68 (1&2) of the 1999 Constitution again.”