By Peter Okutu, Abakaliki

Ebonyi State Government, Saturday described the statement credited to the Ebonyi State Chapter of the Peoples Democratic Party, PDP over the court ruling on Governor David Umahi’s defection from the PDP to the All Progressives Congress, APC, as irresponsible, without foundation and mischievously woven to attack the credibility of a well decided matter.

“We discountenance with utmost responsibility, the press release of Mr. Tochukwu Okorie as absolutely irresponsible, without foundation and mischievously woven to attack the credibility of a robustly contested and well decided matter instituted by legally recognized entities and personalities who are invested with unfettered right under the constitution of the Federal Republic of Nigeria 1999 (as amended) to sue and be sued; “

The State High Court sitting in Abakaliki had on Monday struck out the suit challenging the defection of Governor David Nweze Umahi of Ebonyi State from the PDP to the APC in the State.

The Commissioner for Information and State Orientation, Ebonyi State, Barr. Orji Uchenna Orji who stated this in Abakaliki further explained that the “disparaging press release is politics taken too far and it goes with legal consequences.”

The PDP had in a statementt expressed surprise that the Judge of the High Court of Ebonyi State failed to question the non joinder of PDP, or order the joinder of the PDP, as a party in the said matter.

According to the Commissioner’s statement: “We have noted the understandable expressions of frustration and confusion that engulfed the spirit and letters of the press release of the Chairman of People’s Democratic Party (PDP) Ebonyi State Chapter, Mr. Tochukwu Okorie.

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“We view the press release as a substanceless piece calculated to sully the hard earned reputation of the Judge of the State High Court that heard and judicially and judiciously disposed of a matter properly brought before him, and that of the lawyers for both parties who diligently discharged their constitutional duties of legal representation It will be noted that the Judge never acted utra vires and that his court never acted outside the jurisdiction conferred to it by the grundnum itself.

“The verbose and clumsy press release of Ebonyi State PDP Chairman gave indication that his Party, PDP had filed a suit at Federal High Court Abuja to challenge the defection of our dear Governor His Excellency, Engr. Chief David Nweze Umahi FNSE, FNATE (Akubaraoha) and his Deputy, His Excellency, Barr. Eric Kelechi Igwe PhD, from Peoples Democratic Party (PDP) to All Progressives Congress (APC), Next Level. In other words, they sought to determine whether by their defection to APC, the ‘PDP’ ought not be sworn-in as the Governor.

“In all of this lengthy press release, the only grouse by Mr. Tochukwu Okorie and his frustrated Party is that the People’s Democratic Party was not joined in a suit filed by a candidate that came second in an election that produced our dear Governor in 2019,; the grouse of Mr. Tochukwu Okorie and his party is that the candidate who came second ought to have folded his hands and wait for PDP to be through in the Federal High Court when the law stipulates that should the winner of election cease to hold office as a result of pre- electon or electon issues, that the candidate who came second will be declared winner.

“While we intend to allow the author of the press release and his half backed advisers to swim in the ocean of ignorance of the law, especially on the jurisprudential values of originating summons and the principles of Green Vs Green on who is a necessary party, we assert that for the sake of the public, the author of the press release and his co-travelers must know that the essence of originating summons is to interpret the constructions of the law or the Constitution which is the grundnum or any other document and to make declarations thereto.

“We assert further that locus standi is a condition precedent for eligibility to sue in this regard and no more. It is further averred that the necessary party or proper party is the party that will be affected by outcome of the decision in a matter having regard to the relief sought by the party(ies) before it.

“In this case, the candidate recognized by the constitution as a proper party ot probable contender for the Governorship position in the pre-election or election matter is the candidate that came second. Section 188 provides the conditions and circumstances when a duly elected and sworn -in Governor and Deputy shall vacate office and it does not apply to issue of defection to another Party.

“We have a plethora of authorities of superior courts which affirmed that no political Party (except Candidates) can be declared the winner of an election. It is a common knowledge that under the constitution, a candidate is declared winner of an election not a political party.

“We therefore use this medium to prepare the mind of Mr. Tochukwu Okorie of PDP on the legal consequences of attempting to damage the hard earned reputation of an erudite Judge and that of the legal practitioners who are ministers in the temple of Justice. Our happiness is that the learned personalities whom the author of the press release is prosecuting on the pages of social media are legal giants that will shock him with the substance of the law.

“PDP has finally sold Mr. Tochukwu Okorie cheap to legal embarrassment. The Ministry of Information and State Orientation therefore views the publication of Mr. Tochukwu Okorie as the last straw that breaks the camel’s back. The outcome will send a red signal to the rest of the political nonconformists in PDP on the gravity of publication of falsehood in the eyes of the law .”

Vanguard News Nigeria