[UPDATED] PDP Seeks Buni’s Removal As Yobe Governor

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*Asks court to order swearing-in of PDP’s governorship,
deputy guber candidates in last election

The opposition Peoples Democratic Party (PDP) has approached the
Federal High Court in Abuja for among others, an order sacking Yobe
Governor Mai Mala Buni and his deputy, Idi Barde Gubana.

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).

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.

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

“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.