PDP v Umahi: Was the Federal High Court, Right in Her Decision?
By Solomon Oluwaseun Olukoya
After going through the over 60-paged judgement of the Federal High Court of the FCT-Abuja division in PDP V. Umahi, I can boldly say the learned Hon. Justice I. E. Ekwe did not err on the side of law, in his judgement.
I must express my dismay and utter disappointment at the decision of the senior men at law ( the SANs) at their bewildering and disparaging thought to stoop that low to argue a matter as serious as that, on the watery grounds technicalities, as well as questioning the courts jurisdictions (power of the court to hear a matter).
I still cannot wrap my head around why the counsel for the defendant (Umahi) raised Section 308 which in a way exonerates persons occupying public offices from civil or criminal proceedings.
As for whether or not that section of the Constitution should be expunged is a matter to be greeted some other time.
Although, Section 68 in it entity as inferred from in the proceeding categorically makes provision for the Senate and members of the House of Representatives, I choose to see it that the learned Hon. Justice Ekwe relied on Section 68(1)(g) to infer that Governors or their deputies may not be chanced to decamp to a party other than the ones through which they were voted into power.
As much as I call for a review of the Constitution of the Federal Republic of Nigeria, to accommodate, address and redress extant issues, this should also be seen as a means to repeal the age-long laws, applicable to budding legal issues and grey areas of law, in the country.
Solomon Oluwaseun Olukoya is a student of law at the Ahmadu Bello University, Zaria.
He has keen interests in technology, activism, leadership and politics.
+2347030313860
olukoyasolomon64@gmail.com
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