The Chairman, Presidential Advisory Committee Against Corruption, Itse Sagay, has stated that the ruling which sacked David Umahi as the Governor of Ebonyi State may be sustained by the Court of Appeal
Recall that Justice Inyang Ekwo in his ruling last week had sacked Umahi and his deputy, Kelechi Igwe.
They were removed from office following their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Sagay in an interview with Daily Independent said the judgment by the Federal High Court may be sustained by the Court of Appeal.
According to Sagay, Umahi may have issues in the court of appeal because the judgement was in line with the Supreme Court ruling that removed Celestine Omehia and installed Chibuike Amaechi as Rivers State governor.
He said, “I know there will be an appeal on that ground that there is no specific mention of that in the constitution. The judge only did it by implication. It is permissible in law to do it; when the law takes off from one point, you can extend it to another point by implication.
“I think that is why he is relying on Supreme Court judgment in Amaechi’s case where it was held that it is the parties that are elected”. “If you go back to that principle alone, then it was the PDP that was elected. That Amaechi’s judgment was a governorship case too just like this one on Ebonyi and it is a very strong point to stand on.
“So, from the look of things, Umahi may have a problem in the Court of Appeal because the PDP lawyers will argue that this decision that is being appealed against was based on a Supreme Court decision and so, neither the High Court nor the Court of Appeal can change it.
“So, I think there is a fairly good chance that this judgment will be sustained”.