Umahi’s sack: Between constitutional provisions and questions

In Nigeria, the application of constitutional provisions by the judiciary leads to confusion. Oftentimes, 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 […]

In Nigeria, the application of constitutional provisions by the judiciary leads to confusion. Oftentimes, 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 in Nigeria (Umahi inclusive) ‘dissolved’ their ‘political marriages’ with their parties, married another ‘political husband’, and divorced him, just to ‘remarry’ their former political husband. 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 of Sokoto, Abdulfatah Ahmed of Kwara, Murtala Nyako of Adamawa, and Rotimi Amaechi of Rivers States, joined the APC after staging a walkout on the PDP national convention in Abuja. Funny enough, although, the 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.  

Contradictory 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, its insanity induces curiosity concerning 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 unexpectedly 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 confusion? 

Jimoh Olorede writes from Oshogbo