Judge Has No Power To Sack Me As Gov – Umahi
Ebonyi Governor David Umahi has defied his sack by High Court judgement, vowing he remains Governor.
He urged the people of the State to remain calm as he was sure of quashing the ruling at the Appeal Court.
The Governor, who described the Justice Inyang Ekwo judgement as a jungle justice, said he has forwarded a petition against the Judge to Nigerian Judicial Council (NJC).
He noted the Court lacks the powers to remove him as Governor as he is covered by immunity clause which protects him from any form of litigation that is not pre election and tribunal matter.
Umahi also noted that there are two other similar cases on defection of a Governor by an Ebonyi High Court and another in Zamfara which ruled in favour of the Governor.
He said: “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.
“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 rumors 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,” Umahi said
The Governor also argued that the Judge lacks 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.
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