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APC Appointment: PDP Asks Court To Sack Gov Buni, Deputy

Seeks order directing Yobe CJ to swear in Damagum, Abba-Aji

THE Peoples Democratic Party, PDP, yesterday, approached the Federal High Court sitting in Abuja, asking it to sack Governor Mai Mala Buni of Yobe State from office.

PDP, in the suit, marked FHC/ABJ/CS/885/2021, filed through a consortium of lawyers comprising of five Senior Advocates of Nigeria, SANs, led by Mr. Emeka Etiaba, SAN maintained that Governor Buni acted in breach of Sections 183 and 187 of the 1999 Constitution, as amended when he accepted an appointment as Caretaker Committee Chairman of the All Progressives Congress, APC.

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No date has been fixed for the matter to be heard.

Aside from PDP, also cited as 2nd and 3rd Plaintiffs that are behind the suit are its governorship and deputy governorship candidates in Yobe State, Messrs Umar Iliya and Abba Aji.

Those listed as 1st to 4th Defendants in the matter, are Governor Buni, his deputy Idi Barda Gubana, APC and the Independent National Electo-ral Commission, INEC.

Specifically, the plaintiffs are urging the court to among other things, determine, “Whether the 1st Defendant did not breach the clear provisions of Section 183 of the Constitution of the Federal Republic of Nigeria I999 (as amended) when as the governor of Yobe State, he accepted the 3rd Defendant‘s appointment as its Caretaker Committee Chairman and proceeded to occupy the office?

“Whether the 1st Defendant who is the governor of Yobe State and the Caretaker Committee Chairman of the 3rd Defendant, has not ceased to hold the office of the governor of Yobe State, having regard to the provision of Section 183 of the Constitution of the Federal Republic of Nigeria, 1999, as amended?

“Having regard to the judgment of the Supreme Court in Eyitayo Jegede & Anor and INEC in Appeal No: SC/448/2021, delivered on the 28th day of July 2021, whether the 1st Defendant, who is the governor of Yobe State and the Caretaker Committee Chairman of the 3rd Defendant, has not ceased to hold the office of the Governor of Yobe State?

“Having regard to the clear provisions of Section 187 (1) of the Constitution of the Federal Republic of Nigeria, I999 (as amended) and the state of the law, whether the 2nd Defendant can lawfully occupy the office of the governor or deputy governor of Yobe State upon the cessation of the 1st Defen-dant’s occupation of the Yobe State Governor’s Office.”

Upon determination of the legal questions, the plaintiffs want the court to declare that Buni’s taking appointment as APC Caretaker Committee Chairman while in office as governor of Yobe State was wrongful, null and void.

The Plaintiffs also called for “A declaration that given provisions of section 187 of the 1999 Constitution, as amended, the 2nd Defendant, cannot lawfully remain in office as deputy governor upon Buni’s sack, or take over as Yobe State governor.”

The Plaintiffs equally applied for an order of the court, directing the Chief Judge of Yobe State or any other relevant judge in his absence, to immediately swear in the 2nd and 3rd Plaintiffs as governor and deputy governor of Yobe State, the offices having become vacant.

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