We’re yet to be served true copies of court ruling on Umahi, says INEC

Following Tuesday’s order by a Federal High Court of the FCT sitting in Abuja, which vacated the Ebonyi State Governor, David Umahi, along with his deputy, Kelechi Eric Igwe, along with the 17 members of the state House of Assembly from office, the Independent national Electoral Commission (INEC) says it is yet to receive a certified true copy of the ruling.

The court presided over by Justice Inyang Ekwo had ruled their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) as unjustified.

The court had also made an order of mandatory injunction compelling INEC to accept from the Peoples Democratic Party (PDP), a list of its candidates to replace the sacked lawmakers, as well as to issue certificates of return to them.

In the alternative, the court directed INEC to conduct a fresh election in Ebonyi state to fill up the vacant positions within 90 days.

However, 24 hours after the ruling, INEC said it has not been served with a certified true copy of the court ruling.

INEC National Commissioner and Chairman, Information and Voter Education Committee, Mr Festus Okoye, who disclosed this in in Abuja, Wednesday, said the commission would meet and take decision when It received the certified true copy of the court judgment.

“The Commission has not been served with a copy of the said judgment.

“The Commission will meet and take a decision when it is served with a Certified True Copy of the judgment,” Okoye said.

A federal high court sitting in Abuja has sacked 17 members of the Ebonyi State House of Assembly who defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

David Umahi, the state governor and his deputy, had in November 2020 left the PDP and joined the APC.

Umahi had attributed his defection to the “injustice” done to the south-east.

The lawmakers on November 17, 2020, joined Umahi and Eric Igwe, deputy governor, to move over to the APC.

The court, in its judgment delivered on Tuesday, held that the legislators could not transfer the mandate they received from the ballot to another political party after abandoning the political party that had sponsored them.

Inyang Ekwo, the judge, held that the defendants who were elected into the House of Assembly on the platform of the PDP could not justify their defection when there was no division in the PDP.

It held that section 109(1) (g) of the 1999 constitution was purposely created to ensure that defectors were not allowed to retain their seats in the house, unless such defectors are able to justify their action.

The court held that the case PDP brought against them succeeded.

Justice Ekwo declared that having defected from the PDP, under which platform they came into power, the duo were deemed to have resigned from the office and, hence, no longer entitled to be called governor and deputy governor.

The judge said it was constitutionally wrong for a candidate elected into an office on a platform of a political party to defect to another political while still in office.

He said the votes gotten by Umahi and Igwe on March 9, 2019, were PDP votes and not for the APC.

Consequently, Ekwo ordered the lawmakers to vacate their positions with immediate effect.

He restrained them from further parading themselves or acting as members of Ebonyi State Assembly.

The court also made an order of mandatory injunction compelling the Independent National Electoral Commission (INEC) to accept from the Peoples Democratic Party (PDP), a list of its candidates to replace the sacked lawmakers, as well as to issue certificates of return to them.

In the alternative, the court directed INEC to conduct a fresh election in Ebonyi state to fill up the vacant positions within 90 days.