News, Politics

Governor Buni In Trouble

Governor Mai Mala Buni of Yobe State is in big trouble as the Peoples Democratic Party (PDP) has approached the Federal High Court in Abuja for an order sacking him from office.

The PDD wants Buni and Gubana replaced with its candidates in the last governorship election in Yobe State – Ambassador Umar Iliya and his running mate.

The requests by the PDP are contained in a suit, marked FHC/ABJ/CS/885/2021 field by its lawyer, Emeka Etiaba (SAN).

Relying on the recent judgment of the Supreme Court in the dispute over the governorship election in Ondo State, the PDP is contending that Buni violated Section 183 of the Constitution when, being a sitting governor, he accepted to serve as the Chairman of the Caretaker Committee of the All Progressives Congress (APC).

It argued that Buni ceased to be the Yobe State Governor from the time he elected to act as Caretaker Committee Chairman of the APC.

Listed with the PDP as plaintiffs in the suit are: Umar Damagum and Baba Aji. Listed as defendants are: Buni, Gubana, APC and the Independent National Electoral Commission (INEC).

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The plaintiffs raised four questions for the court’s determination, to include: Whether the first defendant (Buni) did not breach the clear provisions of Section 183 of the Constitution when, as the Governor of Yobe State, he accepted the third defendant’s (APC’s) appointment as its Caretaker Committee ‘Chairman and proceeded to occupy the office.

  • Whether the first defendant, who is the Governor of Yobe State and the Caretaker Committee Chairman of the third defendant has not ceased to hold the office of the governor of Yobe State having regards to the provisions of Section 183 of the Constitution.
  • Having regard to the judgment of the Supreme Court Eyitayo Olayinka Jegede and another, and Independent National Electoral Commission (INEC) in Appeal No: SC 448/2021 delivered on July 28, 2021 whether the first defendant, who is the Governor of Yobe State and the Caretaker Committee Chairman of the third 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 and the state of the law, whether the second defendant can lawfully occupy the office of the governor or deputy governor of Yobe State upon the cessation of the first defendant’s occupation of the Yobe State governor’s office.
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The plaintiffs are praying the court for the following reliefs:

  • A Declaration that the first defendant breached the clear provisions of Section 183 of the Constitution when as the governor of Yobe State, he accepted third defendant’s appointment as the Caretaker Committee Chairman and proceeded to occupy the office
  • A declaration that the first defendant, who is the Governor of Yobe State and the Caretaker Committee Chairman of the third 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.
  • A declaration that having regard to the judgment of the Supreme Court on Eyitayo Olayinka Jegede and another v.the Independent National Electoral Commission (INEC) and others in Appeal No: SC 449/2021 delivered on the 28th day of July 202 , the first 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 dectaration that the actions of the first defendant as the Caretaker Committee Chairman of the third 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 and the state of law, the second defendant cannot lawfully occupy the office of the Governor or Deputy Governor of Yobe State upon cessation of the first defendant’s occupation of the office of the Governor of Yobe State
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“An order directing the Chief Judge of Yobe State or any other relevant judge in his absence to immediately swear in the second and third plaintiffs as governor and Deputy governor of Yobe State, the offices having become vacant.