As the dramas building up to the 2023 presidential election unfold, many issues are currently hotly debated across Nigerian political landscape. The most important of these issues which since last week has taken over the airwaves of Nigerian information is the sacking of Ebonyi state governor Dave Umahi by a Federal High Court sitting in Abuja.
Since the news of Umahi’s dismissal filtered out, the different platforms of the social media have been inundated with reactions. Basically, these reactions can be classified in two categories: those that fault the ruling of the court and other who feel that the ruling is ad rem and should therefore be upheld. I what follow, I will make a case for the validity of the ruling and summarize with a claim that upholding the ruling will help to sanitize the Nigerian political climate. Let’s begin by making a case for the judgment of the Federal High Court.
The Validity of the Ruling
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 also section 72 (1) of the Electoral Act 2022.
Without a Certificate of Return there is no evidence that a candidate has won an election and the candidate cannot be sworn into office. A Certificate of Return therefore 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 when he won the Ebonyi state governorship election in 2019. 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…”
Look at the wording of the certificate again: “Nweze David Umahi of Peoples Democratic Party (PDP)…”
Now, 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 Government is known as the APC Government. This is how it is all over the world that practices 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. 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.
Why the Court Ruling must be upheld
Generally Nigerian politics and politicians lack ideology which ordinarily should be the bond of affinity between politicians to their parties and the people to the politicians. The consequence of this is that we have fair-weather politicians all over the places that jump from one political party to another at the sight of any slightest political discomfort. The electorate are usually at the receiving end of this betrayal because they vote for someone in a particular political party thinking that he embodies their ideology and represents their interest and the person turns around and carries their mandate to another party which may represent the total opposite of what those who voted for him wants. The people of Ebonyi state I know, giving the choice will never vote for APC, but Umahi for his selfish interest has dragged the whole state to APC. This court ruling if it stands will restore the right of the people to them.
Thus, it is my considered opinion that what is at stake here is not just about Governor Umahi but about making Nigerian politicians more accountable to those who vote them into power. If the sacking of Governor Umahi eventually sails through, it will instill in our politicians the consciousness that they are public servants and need to consult with their masters (the public) before embarking on such important decision as changing parties.
