The Peoples Democratic Party (PDP) has instituted a suit for the removal of Yobe State Governor, Mai Mala Buni, and his deputy, Idi Barde Gubana from office.
The PDP, in a suit marked FHC/ABJ/CS/885/2021 field by Emeka Etiaba (SAN) at the Federal High Court in Abuja, is challenging the constitutionality of Mai Mala Buni who as a governor, accepted to serve as Chairman of the Caretaker Committee of the All Progressives Congress (APC) in violation of Section 183 of the 1999 Constitution.
The opposition party is praying the Federal High Court in Abuja to sack Buni and his deputy, Idi Barde Gubana, and install Ambassador Umar Iliya of the PDP as governor.
The plaintiffs in the suit are Umar Damagum and Baba Aji. Joined as defendants are: Buni, Gubana, APC and the Independent National Electoral Commission (INEC).
Relying on the recent judgment of the Supreme Court on the governorship election in Ondo State, the PDP is contending that Buni violated Section 183 of the Constitution when he accepted to serve as the Chairman of the All Progressives Congress (APC) Caretaker Committee.
The party argued that Buni ceased to be the Yobe State governor from the time he started acting as Caretaker Committee Chairman of the APC.
The plaintiffs, therefore, asked the court for an order directing the Yobe State Chief Judge or any other senior person next to the Chief Judge to immediately swear in Umar Iliya and Daguma Baba Abba Aji as Governor and Deputy Governor of Yobe State, being candidates of the party that came second in the 2019 governorship election.
Listed as defendants in the suit are Mai Mala Buni, Idi Barde Gubana, the All Progressives Congress and the Independent National Electoral Commission (INEC).
The party 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 upon cessation of the Buni occupation of the office of governor of Yobe State.
The PDP is seeking a declaration that the action of Mai Mala Buni as the Caretaker Committee Chairman of the APC, while he remains the governor of the state, is wrongful, null and void.
The party posed the following questions for the determination of the court: “Whether the first defendant (Buni) did not breach the clear provisions of section 183 of the 1999 Constitution when as the governor of Yobe, he accepted the third defendant (APC) appointment as its caretaker committee chairman and proceeded to occupy the office.
“Whether the first defendant (Buni), who is the governor of Yobe State and the Caretaker Committee Chairman of APC, has not ceased to hold the office of the Governor of Yobe, having regard to the provisions of section 183 of the 1999 Constitution.
“Having regard to the clear provisions of section 187(1) of the 1999 Constitution and the state of law, whether the second plaintiff (Baba Abba Aji), can lawfully occupy the office of the governor or deputy governor of Yobe upon the cessation of Governor Buni occupation of the office.”
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