Umahi’s sack: “Votes cast in an election belong to a live candidate and not the political party” – Ozekhome flaws Court Judgment

Senior advocate of Nigeria, Mike Ozekhome has flawed the judgment of an Abuja high Court which led to the sack of Ebonyi Governor, David Umahi and his deputy, Kelechi Igwe.

Ozekhome in a statement he signed made it known that votes cast in an election belong to the candidate and not the party. According to him, the party merely serves as the vehicle or sponsor. He said it is the candidate that stands to win or lose and not the party quoting section 141 of the Electoral Act 2010 (as amended)

Ozekhome further stated that a Governor already sworn in cannot be removed by the Federal High Court through an Originating Summons adding that It will surely be set aside on appeal.

He said: “The appellate courts have since held again and again that votes cast in an election belong to a live candidate and not the political party which merely serves as a vehicle that enthrone candidates.

“The implication of section 141 of the Electoral Act 2010 (as amended) is that while a candidate at an election must be sponsored by a political party, the candidate who stands to win or lose the election is the candidate and not the political party that sponsored him.

“I, therefore, most respectfully submit (as held by appellate courts) that a political party is merely a vehicle in which a candidate can ride to contest an election and nothing more. The votes belong to the candidate and not the political party. The political party ceases to have any considerable relevance or insolence over a person that has won an election and has been sworn in as a legislator, Governor or President of the entire people, who are far larger than a mere political party.”

“Consequently, no civil or criminal proceedings could ever sustain against this set of persons, whilst still holding office.

“Going by the above plethora of authorities, I humbly submit that a Governor already sworn in cannot be removed by the Federal High Court through an Originating Summons. It will surely be set aside on appeal, he added