SIR: In Nigeria, the application of constitutional provisions by the judiciary sometimes leads to confusion. Often times, the interpretation and application of constitutional provisions depend on the litigant’s prowess to either intelligently outwit the legality of such provisions or smartly refuse to be outwitted by the provisions. Should we conclude this was the case in Umahi’s instance, as the presiding judge stated in his rulings that the defendants (Umahi and his deputy) in their counter affidavit were “evasive and insufficient” to competently challenge the plaintiff’s (PDP) originating process?
Like prostitutes, between 2013 and 2021, not less than nine governors (Umahi inclusive) ‘dissolved’ their ‘political marriages’ with their parties, married another ‘political husband’ and divorced, just to ‘remarry’ their former political husband. It is obvious Nigerian politicians take solace in decamping from one political party to another, as they do so with contumacy and effrontery.
For instance, in November 2013, five governors from the People’s Democratic Party (PDP), Rabiu Kwankwaso of Kano, Aliyu Wamako – Sokoto, Abdulfatah Ahmed – Kwara, Murtala Nyako – Adamawa and Rotimi Amaechi – Rivers joined the APC after staging a walk out on the PDP at their national convention in Abuja. Funny enough, despite the fact that PDP was the ruling party, the defected governors “transferred the mandate of the party (PDP) to the APC”, (the action upon which Justice Ekwo based his judgement on Umahi’s case), and nothing happened.
Also, Aminu Tambuwal of Sokoto, who was elected Speaker of the House of Representatives under the platform of PDP, defected to the APC in 2014. He later won the governorship ticket of the APC and defeated the PDP candidate in the 2015 election. In 2018, Tambuwal returned to the PDP, and nobody raised the insufficiency of the “Section 308: Immunity Clause” which restricts legal proceedings on the president, the vice president, governors and deputy governors.
In 2018, Governor Samuel Ortom of Benue State decamped from the APC to the PDP. Ortom transferred the mandate of the APC to the PDP and nothing happened. The Edo State governor, Godwin Obaseki, elected in 2016 on the platform of APC, also dumped the party for PDP for reasons of his rift with his predecessor, Adams Oshiomhole, and in 2020, Obaseki was re-elected as governor of the state. Professor Ben Ayade of Cross Rivers State was the last governor, in this category, who decamped from one party to another. In May last year, 2021, Ayade dumped the PDP for the APC.
Contrary to the above, Justice Inyang Ekwo in his rulings that led to the sack of Ebonyi Governor and his deputy said Umahi and Igwe did not controvert the deposition that total votes scored in an election belong to a political party. Again, this sounds sane, but however its sanity induces curiosity in relation to the precedents described above.
Surprisingly, a lawyer, Oguche Agbonika, while discussing Umahi’s sack said the issues regarding other governors who have defected were not brought forward to courts for adjudication. This is funny and absurd. Could it be true that none of the cases of defections by governors in Nigeria, with the usual outcry that greeted them, was legally challenged in the courts of law?
If none of the defection cases by governors in Nigeria, aside from Umahi’s, was truly taken to courts for adjudication, the question is why? Is it because we are ignorant of constitutional provisions, lack the courage to challenge by asking questions or our legal psyche is blurred by confusions?
- Jimoh Olorede, PhD,
oloredejimoh@gmail.com.