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Tag: #David Umahi

  • David Umahi: Who Did You Vote For, Party Or Candidate? BY FIRST BABA ISA

    David Umahi: Who Did You Vote For, Party Or Candidate? BY FIRST BABA ISA

    DAVID UMAHI: WHO DID YOU VOTE FOR, PARTY OR CANDIDATE?

    Until the Supreme Court puts this to rest, and even long after that, this debate will rage on. My joy is that the Supreme Court is not just a Court of Law but also one of policy. The Law Lords will not just look at the law, but logic and commonsense surrounding the facts and the law.

    Who owns the votes cast at an election? Party or candidate? My answer is, both. It is a time bound political marriage of convenience. The Constitution never contemplated a divorce before the effluxion of this time.

    However, those who say the votes belong solely to the candidate even have a weaker argument. The facts of this case and the law in Faleke vs INEC doesn’t support them.

    Let’s look at another fact. Who do we vote for during an election, the candidate or party? In the 2019 Ebonyi State Gubernatorial Election, was it PDP that was voted for or it was David Umahi?

    I invite you to turn to the ballot papers used in that election to find your answer. Find attached ballot papers used in that election. Look at them very well. Have you seen it?

    When we go to vote, we go to vote for parties not candidates. Ballot papers carry the names of political parties, not candidates. Ebonyi people thumb printed beside PDP in the 2019 Gubernatorial Election. The name “David Umahi” was not on the ballot paper. The votes belong to the party.

    This is why the Certificate of Return issued to him by INEC states that: “I hereby certify that Nweze David Umahi of Peoples Democratic Party (PDP) has been elected to the office of Governor of Ebonyi State…” Without the PDP he is nothing, but without him, the PDP still has their votes.

    “… of Peoples Democratic Party (PDP)…” denotes ownership. No one, who is not “of Peoples Democratic Party (PDP)”, owners of the votes counted from the ballot papers, could be Governor. Simple.

    The APC has a particular number of votes in that election; not enough to produce a Governor. It is incongruous therefore that anyone claiming to belong to them should be Governor in 2019, or anytime thereafter, before another general election. This is a mockery of our constitutional and partisan democracy.

    It shouldn’t stand.

    – By Firsts Baba Isa (FBI)

     

    Disclaimer: The opinions expressed in this article are strictly that of the author, First Baba Isa and does not represent TheLumineNews or the organization the author works for.

  • David Umahi: How Defection Invalidates His Certificate Of Return BY FIRST BABA ISA

    David Umahi: How Defection Invalidates His Certificate Of Return BY FIRST BABA ISA

    DAVID UMAHI: HOW DEFECTION INVALIDATES HIS CERTIFICATE OF RETURN

    Find attached the Certificate of Return issued to David Umahi before he was sworn in as Governor.

    Get any certificate of any Governor in Nigeria, or any elected official, let’s have this conversation; please, constantly look at the Certificate of Return as we progress.

    Section 75 (1) of the Electoral Act 2010, states that “A sealed Certificate of Return at an election in a prescribed form shall be issued within 7 days to every candidate who has won an election under this Act.” See section 72 (1) of the Electoral Act 2022.

    Without a Certificate of Return there is no evidence that a candidate won an election and he cannot be sworn into office. A Certificate of Return is the gold medal of an election; without it, you can’t lay claim to be a winner.

    Now, let’s look at the Certificate of Return issued to Umahi.

    It says: “I hereby certify that Nweze David Umahi of Peoples Democratic Party (PDP) has been elected to the office of Governor of Ebonyi State…”

    Did you see that?

    “Nweze David Umahi of Peoples Democratic Party (PDP)…”

    Let’s look at the meaning of the proposition or the word “of”.

    “Of” is used in expressing the relationship between a part and a whole.

    So, the Certificate of Return made it abundantly clear that Nweze David Umahi (is a part) OF Peoples Democratic Party (PDP) (the whole)…” One cannot exist without the other in governing Ebonyi State. That’s why the Federal Government led by President Buhari is known as the APC Government. This is how it is all over the world that practise partisan democracy.

    You can never divorce your government from your political party. In fact, the president or governor is the leader of his political party at the Federal or State, respectively.

    When the people voted for you, it was your party’s manifesto, aims, objectives and proposed plans that they voted for. They saw the manifestoes of other political parties but chose yours. You are expected to implement your party’s manifesto as Governor. You can’t convince people to vote for one manifesto and then turn round to defect and adopt another one they rejected at the polls. That’s criminally dishonest.

    Back to the Certificate of Return, a new one has not and cannot be issued to David Umahi after his defection. The only Certificate of Return he holds that empowers him to be Governor of Ebonyi State, is the one that reads: “Nweze David Umahi of Peoples Democratic Party (PDP)…”

    You cannot hold a Certificate of Return that says you are of the PDP, while you have declared publicly that you have left the PDP. By this singular action, you have invalidated the Certificate of Return, the only document that gives you the power to be Governor.

    As long as David Umahi maintains he has left the PDP, and as long as the only Certificate of Return issued to him by INEC states that: “I hereby certify that Nweze David Umahi of Peoples Democratic Party (PDP) has been elected to the office of Governor of Ebonyi State…”, Umahi cannot continue to be Governor.

    He might be righteous but he has destroyed his foundation. And as the Psalmist lamented in Psalm 11:3, “If the foundations be destroyed, what can the righteous do?”

    This applies to other Governors, like Ben Ayade of Cross River State, who have also decamped but holding Certificates of Return carrying the name of another political party.

    – By Firsts Baba Isa (FBI)

  • Is This The End Of David Umahi As Governor? BY FIRST BABA ISA

    Is This The End Of David Umahi As Governor? BY FIRST BABA ISA

    IS THIS END OF DAVID UMAHI AS GOVERNOR?

    We know the facts already. We have read several legal commentaries already. Even if you are not a lawyer, you should be well versed already with the facts and law of this particular case.

    It seems to me that many lawyers are already so certain that the Supreme Court will throw away the judgment of the Federal High Court ordering Governor David Umahi and his deputy to vacate their offices immediately for defecting from the PDP, the party that sponsored them to become Governor and Deputy, to the ruling APC.

    Well, I’m not so sure, and I will point out why, presently.

    1. First, most of the legal commentaries I have read tend to ignore the Supreme Court decision in Yahaya Bello’s case, or at best just gloss over it. But the Supreme Court will certainly not gloss over this decision. Here, the Supreme Court made it abundantly clear that votes belong to a political party. In fact, this principle was so forcefully enunciated that Faleke, the late Audu’s running mate was not allowed to inherit the votes; even when Falake argued strenuously that the votes belonged to the late Audu and himself as candidate and running mate in that election.

    2. The present case has nothing to do with Amechi’s case, a case which has been overtaken by the amendment of the Electoral Act 2010. The Yahaya Bello’s case was decided in 2016 when the Amechi’s scenario was no longer applicable. So, don’t mix up the two. The Supreme Court decided in 2016 that votes belonged to a political party when the Electoral Act was already amended and without recourse to the Amechi’s case. So, the Bello’s case is still good and reliable precedent for the Umahi’s case. I expect the Supreme Court, when it finally gets there, to look at it.

    3. In the case of NWANKWO & ANOR v. INEC & ORS (2019) LPELR-48862(CA) the Court of Appeal held that:
    “… It is trite that it is only a natural person that can be lawfully declared and returned as a winner of an election. The Electoral Act, 2010 (as amended) only contemplates the declaration and return of a candidate in an election and not a political party”.

    I agree. But I don’t see how this negates the principle that votes belong to a Political Party. A political party cannot be declared Governor but a natural person nominated by a Political Party will be.

    4. A political party cannot win election as Governor without a natural person and a natural person cannot win election without a political party. It is a political marriage solemnised by the constitution. You cannot forcefully divorce yourself from the marriage and still want to enjoy benefits accruing therefrom. This is the reasoning of the trial judge and it makes a lot of sense.

    Section 177 (c) of the Constitution states clearly that one of the requirements for being qualified to be elected Governor is that a person must be “a member of A political party and is sponsored by THAT political party.”

    You must be sponsored by a political party. “A POLITICAL PARTY”. Not all political parties. So, it is reasonable that once you leave that POLITICAL PARTY that sponsored you to become Governor, you have lost a key aspect of your qualification as Governor and you cannot be properly so called anymore.

    5. A very very heavy weather has been made of the case of AG, Federation v. Atiku Abubakar (2007) 10 NWLR (Pt.1041) 1, 29. But in this case, the issue of who owns the votes cast in an election never came up. This is a new issue and those who think the Supreme Court will blindly follow its decision in AG, Federation v. Atiku Abubakar, might be in for a rude shock.

    This time around, the Supreme Court will not just be looking at the issue of the legality of an elected member of the Executive defecting or cross carpeting but the issue of who owns the votes cast in an election will come to the fore; and if the Supreme Court holds that votes belong to a political party, as they held in the Yahaya Bello’s case, the Law Lords will very likely come to a different conclusion than the one held in Atiku Abubakar’s case; after all, the court held in this same case that defecting is “is painful, unconscionable, and immoral…”

    – By Firsts Baba Isa (FBI)

    The views expressed in this article are strictly that of the author, First Baba Isa Esq and does not represent TheLumineNews or the organization the author works for.

  • Governor Umahi Begs Anyim, Egwu, NASS Members For Forgiveness

    Governor Umahi Begs Anyim, Egwu, NASS Members For Forgiveness

    Governor David Nweze Umahi of Ebonyi State, on Monday, finally tendered an unreserved apology to the former Secretary to the Government of the Federation, Senator Pius Anyim and the former Governor, Sam Ominyi Egwu on the recent feud that existed between them.

    IGBERE TV reports that Governor Umahi tendered the apology while addressing the stakeholders of the state and APC supporters at the ground-breaking of FMBN/NLC/TUC/NECA housing estate that took place at Uburu community, Ohaozara LGA of Ebonyi state.

    According to him:

    “let me publicly say it here, that I have directed that nobody should abuse anybody again even if I’m abused, it goes with the job. Do not respond to them.

    “I am the father of the state. And I should be ashamed of myself if the state of Ebonyi is allowed to go into bitterness and into disunity.

    “I have decided to move forward. I have decided to forgive all and at the cost of this, those who may have been hurt because I take responsibility for the actions of all my government officials. And for all my supporters.

    “I offer apologies to them. I am not going to sit on the judgment with anybody. These apologies and forgiveness should be enough to settle all bad bloods. And I have no regrets for that. God directed me to do this. And I thank all our leaders who have intervened.

    “I thank the Catholic Bishop Nnachi Okoro, I thank CAN people led by the chairman Rev. Dr Abraham Nwali, I thank the founding fathers, I thank the Ohanaeze leadership led by Chief Nnia Nwodo, Uchenna Madu and all the leaders of the south east.

    “Never again shall we respond to any attack against our government. It is not necessary, but facts speak for itself,” he stated.

    CREDIT: IgbereTv