Legal Nigeria

PDP Asks Court To Sack Buni, Deputy


 

By Kunle Olasanmi

Peoples Democratic Party (PDP) has urged a Federal High Court to sack the governor of Yobe State, Mai Mala Buni and his deputy, Idi Barde Gubana from office and in their place install Ambassador Umar Iliya of the PDP as the state governor.

In the suit marked FHC/ABJ/CS/885/2021, the party predicated its case upon the judgment of the Supreme Court in Eyitayo Olayinka Jegede and Anor and Independent National Electoral Commission (INEC), in appeal No: SC/448/2021/ delivered on July 28, 2021.

In a split decision of four to three, the Supreme Court on Wednesday affirmed the election of Mr Rotimi Akeredolu, SAN as governor of Ondo State.


However, in a minority judgment of three Justices, the apex court questioned the validity of the Buni-led Caretaker Extraordinary Convention Planning Committee and declared it illegal.
It held that the party erred by allowing a sitting governor to hold the position of party national chairman in clear breach of section 183 of the 1999 constitution (as amended).

In the originating summons filed on August 12, 2021 by its counsel, Chief Emeka Etiaba (SAN), the party prayed for an order directing the Chief Judge in Yobe State or any other relevant judge in his absence to immediately swear in Umar Iliya and Daguma Baba Abba Aji as governor and deputy governor of the state as the offices have become vacant.

Listed as defendants in the suit are Mai Mala Buni, Idi Barde Gubana, the APC and the Independent National Electoral Commission.

It further urged the court to declare that having regard to the clear provisions of section 187 (1) of the 1999 Constitution and the state of law, Idi Barde Gubana of the APC, cannot lawfully occupy the office of the governor or deputy of Yobe State upon cessation of the Buni occupation of the office of governor of Yobe State.