The Peoples Democratic Party, PDP, has asked the Federal High Court in Abuja to sack Mai Mala Buni as Yobe governor for alleged dereliction of duty.
Their request was anchored on a July 28, 2021 judgement of the Supreme Court in the case of Eyitayo Olayinka Jegede & Anor And Independent National Electoral Commission (INEC), which ruled that Buni’s occupation of the position of All Progressives Congress, Caretaker Committee Chairman was in order.
The PDP stated in the suit, which is marked FHC/ABJ/CS/885/2021 and filed on Thursday, that Governor Buni acted in breach of sections 183 and 187 of the 1999 Constitution, as amended, when he accepted appointment as Caretaker Committee Chairman of the APC.
The opposition party, therefore, prayed the Court in the suit filed by through a consortium of lawyers comprising of five Senior Advocates of Nigeria, SANs, led by Mr. Emeka Etiaba, to among other things, determine, “Whether the 1st Defendant did not breach the clear povisions 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 Olayinka Jegede & Anor And Independent National Electoral Commission (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 lst Defendant’s occupation of the Yobe State governor’s office”.
Upon determination of the legal questions, the PDP, wants the court to declare that in view of provisions of section 187 of the 1999 Constitution, as amended, Buni and his Deputy cannot lawfully remain in office as deputy governor.
The party 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 its governorship and deputy governorship candidates in Yobe State, Amb. Umar Iliya and Baba Abba Aji, as governor and deputy governor of Yobe State.
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