The Peoples’ Democratic Party (PDP) has asked the Federal High Court, Abuja, to sack Mai Mala Buni as Yobe State governor on the grounds that he violated the nation’s constitution when he accepted to be Caretaker Committee Chairman of the All Progressives Congress (APC).
Plaintiffs in the suit are the PDP, Amb. Umar Iliya Damagum and Baba Abba Aji; while Buni, Idi Barde Gubana, the APC and the Independent National Electoral Commission are the first to fourth defendants.
The application also asked the court to interpret the July 28 judgment of the Supreme Court on the Ondo election, which was filed by Eyitayo Jegede (PDP) against INEC and Governor Rotimi Akeredolu of the APC.
However, only four of the seven-man panel of the apex court had agreed that the Ondo State governor was duly elected.
The fresh suit, which was filed on behalf of the PDP by Emeka Etiaba (SAN), is seeking the following declarations:
“A Declaration that the Defendant breached the clear provisions of Section 183 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) when as the governor of Yobe State he accepted 3rd Defendant’s appointment as the Caretaker Committee Chairman and proceeded to occupy the office.
“A Declaration that the Defendant who is the governor of Yobe State and the Caretaker Committee Chairman of the 3rd Defendant has ceased to hold the office of the governor of Yobe State, having regard to the clear provisions of Section 183 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“A Declaration that having regard to the judgment of the Supreme Court in Eyitayo Olayinka Jegede and Anor And Independent National Electoral Commission (INEC) in Appeal No: SC/448/202I delivered on the 28th day of July, 2021, the 1st Defendant who is the governor of Yobe State and the Caretaker Committee Chairman of the 3rd Defendant has ceased to hold the office of the governor of Yobe State.
“A Declaration that the actions of the 1st Defendant as the Caretaker Committee Chairman of the 3rd Defendant while he remains the governor of Yobe State are wrongful, null and void.
“A Declaration that having regard to the clear provisions of Section 187 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and the state of law, the 2nd Defendant cannot lawfully occupy the office of the governor or deputy governor of Yobe State upon cessation of the 1st Defendant’s occupation of the office of the governor of Yobe State.
“An Order 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.”
