THE high-wire battle for the soul of Ebonyi State is an interesting one requiring the combatants to be on their toes and ready to change tactics and strategy rapidly.
Essentially, the war is being fought on many fronts simultaneously. It started as a family affair in the ruling Peoples Democratic Party (PDP) between Governor Martin Elechi and his Deputy, Dave Umahi and got expanded to include many leaders of the party and stakeholders.
From the PDP, the war was taken to the state House of Assembly and the law courts. Governor Martin Elechi and Dave Umahi
In the PDP, Umahi won the war and emerged as the PDP governorship candidate. He also enjoys the loyalty of the state House of Assembly. Elechi’s U-turn on power-shift is said to have pitted him against notable leaders like former Governor Sam Egwu and Secretary to the Government of the Federation, Senator Anyim Pius Anyim.
Having lost out of the battle to produce the PDP governorship candidate, Governor Elechi is said to be on his way to the Labour Party alongside some state executive and local government members.
Expectedly, the state executive has thrown its weight behind the LP, as many government vehicles are now painted in the party’s colour. In spite of the development, Elechi promised to ensure victory for President Gookluck Jonathan, a promise former Minister of Culture and Tourism, Chief Frank Egbewu, has pooh poohed.
Amid the battle for Ebonyi, Prof. Onyebuchi Chukwu, Governor Elechi’s anointed successor, who lost out in the primaries went to court to challenge the emergence of Umahi.
Battle in the House
With the governorship candidacy matter pending in court, the combatants, apparently moved to the House where penultimate week, the Ebonyi State House of Assembly declared vacant the seats of four members of the House who decamped from the PDP to the Labour Party. The affected members are Eni Uduma Chima (Afikpo South -West), Helen Nwobashi (Abakaliki South), Marbel Aleke (Ohaukwu South) and Samuel Nwali (Ikwo North).
The action of the House of Assembly was based on Section 109, (1g) and (2) of the 1999 Constitution as amended, which states that, “A member of the House of Assembly shall vacate his seat in the House if, being a person whose election to the House of Assembly was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected; provided that his membership of the latter political party is not as a result of a division in the political party of which he was previously a member or of a merger of two or more political parties or factions by one of which he was previously sponsored.’’
Chima fights back
Kicking against the declaration of their seats vacant, Chima reportedly said in Abakaliki that the move would be counter-productive as it “would lead to the cessation of the House of Assembly in the present dispensation” because Section 91 of the 1999 Constitution provides that “every State House of Assembly must have 24 members for it to be a valid and lawful lawmaking body.”
Commissioner for Justice concurs
Concurring, the State Attorney General and Commissioner for Justice, Dr. Ben Igwenyi, stated that the State House of Assembly was constitutionally required to have at least 24 members and that the declaration of the seats of four members vacant would jeopardise the Assembly’s recognition as being constitutionally qualified to operate.
The House is right –Nwankwegu
However, former Speaker of Ebonyi State House of Assembly, Rt. Hon. Augustine Nwankwegu said the House did not err in declaring the seats of the four members vacant.
He said the 1999 Constitution (as amended) has specific provisions in the event a member of a State House of Assembly becomes a member of another political party other than the party he or she came into the House.
Nwankwegu, a lawyer, cited Section 102 of the Constitution stating that the House of Assembly could conduct its duties not withstanding any vacancy in the membership.
He also made reference to Section 96 Sub-Section 1 which provides that quorum could be formed by one third of the 24-member House of Assembly, noting that “in the case of the Ebonyi State House of Assembly, eight members being present constitutes a quorum in a particular sitting.
“If for any reason, four members left the House, remaining 20 members, it does not affect operations, powers or existence of the Ebonyi State House of Assembly with regards to carrying out its legislative duties,” he stated.
He further noted that the Constitution gave attention to quorum because it anticipated absence of some members, stating that “those arguing that there must be 24 members at all times are making a mistake, and their position is not informed by law. If anybody feels aggrieved let him or her go to court.”
Thus, it will not be surprising if the affected lawmakers head to court to overturn the decision. Pundits said the 2015 battle for Ebonyi is gradually enveloping the House as Umahi moves to deepen his influence among the legislators and other stakeholders.
The PDP chairman in the state, Chief Joseph Onwe said since the emergence of Umahi, most aggrieved leaders who left the party in 2011 have returned to the PDP.
Those who have joined forces with the PDP candidate include Senator Anyim Pius Anyim, Dr. Sam Egwu, Ambassador Franklin Ogbuewu, Senator Sunny Ogbuoji, Prof. Chigozie Ogbu, Senator Emma Agboti, Dr. Igwe Aja-Nwachukwu, Dr. Senator Offia Nwali, Chief Njoku Afoke, Hon Innocent Ugo Chima, Senator Sylvanus Ngele and Chief Godwin Ogbaga.
Others are Ambassador Alex Nwofe, Engr. Fidelis Nwankwo, Elias Elias Mbam, Chief Hyacinth Ikpo, Eze John Nwenyi, Chief Okeagu Ogada, Dr. Hyginus Nwokwu, Chief Obinna Ogba, Hon. Linus Okorie, Barrister Idu Igariwey, Chief Julius Ama Oji, Ambassador Oba Aja Nwachukwu, Mr. Augustine Nwankwoegu, Rt. Hon. Chukwuma Nwazunku, the incumbent Speaker, Ebonyi State House of Assembly, Chief Abia Onyike, Prince Ugoji Ama Oti, Chief Dave Nwachukwu, and Mr.. Francis Oji and Prof. Egwu U. Egwu among others.
Moves to impeach Elechi
With the dust raised by the suspension of the four members still in the air, lawmakers, early in the week commenced moves to impeach Elechi. They compiled a list of his gross misconduct and were at the verge of serving him the impeachment notice when the governor fought back gamely.
A High Court sitting in Abakaliki, Ebonyi State capital, on Thursday, granted an interim injunction restraining the state House of Assembly and the Speaker from continuing with the impeachment proceedings against Governor Elechi.
The presiding judge, Justice John Igboji, while ruling on the motion ex-parte brought before him by Elechi’s counsel, ordered that the state House of Assembly should discontinue the impeachment proceedings without causing the applicant to be served with notice of impeachment, pending the determination of the substantive application.
Justice Igboji also restrained the chief judge of the state from constituting a panel of seven persons to investigate the allegation of improprieties levelled against the governor, pending the determination of the substantive application.
The judge, however, adjourned the substantive matter to Tuesday, March 10, 2015.
It is to be seen who blinks first between Elechi and Umahi in the battle for Ebonyi.
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