The Peoples Democratic Party, (PDP) has assured its teeming supporters that the party would appeal the judgement delivered in the State high court of Ebonyi on the 28 of February 2022, which dismissed a suit challenging Governor David Umahi’s defection to the All Progressives Congress (APC).
The State High Court sitting in Abakaliki, had on Monday, dismissed the suit challenging the defection of Governor David Umahi of Ebonyi State from the Peoples Democratic Party, (PDP) to All Progressives Congress, (APC), filed by a former APC guber contestant, Sen. Sunny Ogbuoji.
Delivering his judgment, the Presiding Judge, His Lordship, Hon Justice Henry Njoku, also award N500, 000 damages against the plaintiff, Sen. Ogbuoji Sunny.
Njoku, stated that the plaintiff came by originating summons seeking the Court to hold that the defendant, Governor of Ebonyi State, and his deputy having defected to APC from the Party through which he was elected ought to vacate the office of the Governor upon defection and that the plaintiff having come second in the 2019 election be sworn in instead.
The court dismissed the suit, stating that it was lacking in merit.
However, the State Chairman of the Peoples Democratic Party, Hon. Tochukwu Okorie, in a statement made available to journalists in Abakaliki yesterday, described the said judgement as a sham.
He said the judgement was targeted at frustrating an already existing suit filed by the Peoples Democratic Party, on the 17th of August 2021, in Suit No FHC/ABJ/CS/920/2021, between Peoples Democratic Party V Independent National Electoral Commission, Engr David Nwaeze Umahi and Dr Eric Kelechi Igwe, at the Federal High Court, Abuja.
Adding; “This matter has as its subject matter, the defection of David Nweze Umahi, and Dr Eric Kelchi Igwe, from Peoples Democratic Party to the All Progressives Congress, and part of the reliefs sought, was for the duo to vacate their offices.
“That the parties in this matter, in Suit No FHC/ABJ/CS/920/2021, pending at the Federal High Court, Abuja, filed and exchanged pleadings, which were all adopted on the 19th day of January 2022, and the matter reserved for judgment, which will be delivered on the 8th day of March 2022.
“To our greatest shock, a process, seeking the same reliefs as in the suit filed at the Federal High Court Abuja, in suit No FHC/ABJ/CS/920/2021, which was already adjourned for judgment, and also have the same subject matter, and also having All Progressives Congress, as 3rd Plaintiff, Engr David Nwaeze Umahi and Dr Eric Kelechi Igwe, as defendants, who were 2nd, 3rd and 4th Defendants, in the matter pending at the Federal High Court Abuja for judgment, was filed on the 4th of February 2022, at the High Court of Ebonyi State Abakaliki.
“The entire case of the Plaintiffs, therein, which included All Progressives Congress, who is the 2nd Defendant in the suit pending for judgment in the Federal High Court Abuja, revolved around the same defection of David Umahi and His Deputy, from Peoples Democratic Party to APC, and part of the reliefs sought, was also for the duo to vacate their offices.
“Again, it was also surprising that the Peoples Democratic Party, whose mandate, an All Progressives Congress (APC), gubernatorial candidate in the 2019 governorship election in Ebonyi State, is now suddenly seeking to protect, was not joined as a party in the matter by the said Plaintiffs, who by their action, in the High Court of Ebonyi State, were seeking the protection of the interest of the Peoples Democratic Party, knowing that similar action was already subsisting, in the Federal High Court Abuja, and had since the 19th day of January, before they even filed their action, been adjourned for judgement”.
PDP also threatened to petition Justice H A Njoku for using his position, to give a judgment in record time, without the joinder of the Peoples Democratic Party, whose mandate was in issue before the court.
The Party noted that after studying the judgement, it observed that; “the matter, pending at the Federal High Court Abuja, in suit No FHC/ABJ/CS/920/2021, having All Progressives Congress, Engr David Nweze Umahi, and Dr Eric Kelechi Igwe, as the 2nd ,3rd and 4th Defendants, and also having as its subject matter, the defection of the Engr David Nweze Umahi and his Deputy Dr Eric Kelechi Igwe, and also seeking for the governor and his deputy to vacate their offices, came up, on the 19th of January 2022, and was subsequently adjourned for judgment to the 8th day of March 2022.
“Two weeks and a day after the matter was adjourned for judgment, at the Federal High Court, Abuja, the governor and his brother Roy Nweze Esq, who are all aware of the pendency of the matter, at the Federal High Court Abuja, cloned the processes filed in Abuja, seeking majorly the same reliefs as sought in the said process pending at the Federal High Court Abuja.
“The governor and his brother Roy Nweze Esq, to frustrate the matter, which was already adjourned for judgment at the Federal High Court Abuja, contacted their brother, and kinsman, Hon Justice H. A Njoku, who used his position, to give a judgment in record time, without the joinder of the Peoples Democratic Party, whose mandate was in issue before the court.
“The matter was filed on the 4th of February 2022, and judgment was delivered within 23 days, thereafter, all in a bid, to frustrate the judgment of the Federal High Court Abuja, scheduled for 8th of March 2022.
“The Peoples Democratic Party, Ebonyi State chapter, have therefore resolved, to petition the said Hon Justice H. A Njoku, to NJC, for his disgraceful conduct, of making a caricature of the judiciary, and using his official position to commit, abuse of the process of the court.
“The Peoples Democratic Party, Ebonyi State Chapter, will also, immediately, petition the Nigerian Bar Association Disciplinary Committee, over the conducts of Roy Nweze Esq, and other lawyers involved in the matter, for infamous conducts, which ridicules the legal profession in Nigeria.
“That Peoples Democratic Party, Ebonyi State Chapter, is also aware of plans, of Roy Nweze Esq, in connivance with few other lawyers in Ebonyi State, to duplicate other pending actions against the government and governor of Ebonyi State, pending at the Federal High Court, Abuja, to obtain arranged judgments to frustrate those ongoing matters. We want to state categorically, that we will not fold our arms, and watch the travesty of justice by the conducts, of supposed officers, in the temple of justice. We will take all legal steps necessary, to ensure that justice is not only done, but seen to have been properly done, in respect of the conduct of Roy Nweze Esq, and his cohorts”.