I Am Next In Line-Senator Ogbuoji Urges PDP to Do the Right Thing
A member of the Federal House of Representatives and prominent Peoples Democratic Party stalwart Senator Sunday Ogbuoji has urged the party to do the right thing by installing him as the Governor of Ebonyi if the the judgement of the federal high court nullifying Governor David Umahi‘s administration will be implemented.
Senator Ogbuoji in a press statement on the issue reminded the PDP that during the governorship primaries, he was the first runner-up and this makes him qualified to succeed Governor Umahi if the need arises.
The senator further stated that his lawyers have been notified to file an application at the Court of Appeal to ensure he is joined in the ongoing suit on the defection of Governor David Umahi from the Peoples Democratic Party to the All Progressives.
Read the full Press Statement below.
*SENATOR SUNDAY OGBUOJI*
*LEGAL ISSUES REGARDING THE GOVERNORSHIP OFFICE IN EBONYI STATE – THE NEED FOR NIGERIAN LAW TO BE APPLIED APPROPRIATELY*
*BEING A PRESS STATEMENT ISSUED TODAY THE 14th DAY OF MARCH, 2022*
I have followed, keenly, the outcome and many reactions to the decision of the Federal High Court Abuja regarding the consequences of an elected Governor abandoning the political party upon which he/she was elected.
It will be recalled that I had instituted similar action at the Ebonyi State High Court but was, unfortunately, unable to get a favorable outcome thereat. However, with the turn of event to my favour at the Federal High Court Abuja, I was, once again, surprised at the consequential order made by my Lord of the Federal High Court, Abuja.
I had expected that, in line with our laws, only persons who participated in the said 2019 Governorship election in Ebonyi State are capable of being declared substitutes in a case as the one at hand. The order that PDP should whimsically nominate “anyone” to replace Governor Umahi who left the PDP was one that I am not in agreement with. My reason is simple – Hon. Iduma Igariwey never participated in the gubernatorial election in 2019. He vied for and won election for the House of Representatives to represent Afikpo North and Afikpo South Federal constituency. Therefore, he is incapable of being nominated to replace a Governor.
Section 33 of the Electoral Act, 2022 is the nearest law that draws our attention to what should be done in a situation where the General Election is yet to be held. The section requires that a political party can substitute its candidate in cases of death or withdrawal by holden a fresh primary election within 14 days from the date of such death or withdrawal. But, in this case, the general election had been concluded with a winner and the first runner up. I emerge the runner up in that election. Therefore, if for any reason the PDP or its candidate Gov. Umahi are incapable of continuing in the office of Governor and a need to replace them arises, it is only proper that the first runner up in the election is the most legally qualified person to be named as a replacement. I hold this strong view because it is the people’s votes for both the party and its candidate that confers the authority to govern and if the votes of a particular party and candidate is no longer reliable, then the next legitimate votes are those of the first runner up.
In the light of the above brief statement, I am notifying the nation that I have instructed my lawyer to file application before the Court of Appeal in Abuja and the FHC (where a motion for stay of execution is pending) to be joined in the suits so as to ensure that all the issues are resolved adequately in line with our laws.
My most earnest desire is the good of Ebonyi State and our people. I will continue to stand for justice and fairness to all.
May God bless Ebonyi State and the Federal Republic of Nigeria.
*Senator Sunday Ogbuoji*