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From Godwin Tsa, Abuja
The Abuja division of the Federal High Court has fixed November 24 for definite hearing in the suit by the Peoples Democratic Party (PDP) seeking the removal of Governor David Umahi of Ebonyi State and his deputy, Dr. Eric Igwe on account of their defection from the party to the All Progressive Congress (APC).
In his response to the suit, Governor Umahi and deputy have urged the court to dismiss it for being defective and a gross abuse of the court process.
In an originating summons marked FHC/ABJ/CS/920/2021, the PDP prayed the court to make a declaration that by defecting from the party on which they were sponsored and elected as governor and deputy governor of Ebonyi State, to the APC, a political party that did not win the election, Umahi and Igwe should be considered to have resigned or deemed to have resigned from office.
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The crux of the plaintiff’s case is that the defendants purportedly defected and relinquished their membership of the PDP on which platform they contested and won the governorship election. And that by so doing they are deemed to have lost the majority of votes scored at the election and consequently should be ordered by the court to vacate their respective offices as governor and deputy governor of Ebonyi State.
Challenging the competent of the suit through a counter affidavit filed by their counsel, Chukwuma-Machukwu Ume (SAN), Umahi and Igwe drew the attention of the court to a similar suit marked FHC/ABJ/CS/729/2021, field earlier by the PDP and Ebonyi State chairman of the party, Fred Udeogu against the governor, APC, Independent National Electoral Commission (INEC) and others on the same subject matte.
While praying the court to hold that the present action by the plaintiff is irritating, annoying and constitute a gross abuse of the court process, Ume submitted that his clients had already filed processes in defence of suit FHC/ABJ/CS/729/2021 at the Abakaliki division of the court.
