The Federal High Court sitting in Abuja, on Tuesday, sacked Governor David Umahi of Ebonyi State and his Deputy, Dr Eric Igwe, following their defection from the Peoples Democratic Party, PDP, to the ruling All Progressive Congress, APC.
The court, in a judgement that was delivered by Justice Inyang Ekwo, held that the total number of 393,042 votes governor Umahi secured during the March 9, 2019 governorship election in Ebonyi state, belonged to the PDP and same could not be legally transferred to the APC.
A Federal High Court in Abuja has sacked lawmakers in Ebonyi State on account of their unlawful defection from the Peoples Democratic Party, PDP, to the All Progressives Congress, APC.
Read Also : Breaking: Buhari Orders Removal Of Buni As Caretaker Chairman, Malami, SGF Urges Caution
The court declared their defection unlawful, unconstitutional, null and void and ordered them to immediately vacate their offices.
Court Sacks Ebonyi Lawmakers Over Unlawful Defection
Justice Inyang Ekwo, in a separate judgment in a suit by the PDP on Tuesday, ordered the Speaker of the House of Assembly and his co-defectors to immediately stop parading themselves as members of Ebonyi State House of Assembly.
He held that the votes that brought them to office belonged to the PDP and that the legislators cannot hold on to the votes having elected to defect from the party that nominated them.
Justice Ekwo also held that the votes cast for PDP in the 2019 election are not transferrable to the APC that failed in the election.
It restrained the Independent National Electoral Commission (INEC) from recognizing or according any recognition to them as elected members of the House of Assembly.
Justice Ekwo ordered that all monies collected from the top period of their defection to the judgment date must be recovered from them
According to the court, having defected to the APC, both Umahi and his deputy, not only jettisoned the PDP, but also the votes that belonged to it.
It held that going by the outcome of the governorship election, the office of the governor and deputy governor in Ebonyi state, “belong to the Plaintiff and no other political party.”
“There is no constitutional provision that made the ballot transferrable from one party to the other.”
It held that the PDP was bound to retain the votes and mandate that was given to it by electorates in Ebonyi State, as both governor Umahi and his Deputy could not validly transfer same to APC.
The court, therefore, ordered both Umahi and Igwe to immediately vacate their positions.
Read Also : 2023: Pius Anyim, Nigeria And Quest For National Unity
It ordered the Independent National Electoral Commission, INEC, to immediately receive from the PDP, names of persons to replace Umahi and his Deputy, or in the alternative, conduct a fresh gubernatorial election in Ebonyi State in line with section 177(c) of the 1999 Constitution, as amended.
The court further restrained both Umahi and Igwe from further parading themselves as governor or deputy governor of Ebonyi State.
The judgement followed a suit the PDP lodged before the court.
I Remain Ebonyi Governor – Dave Umahi Fires Back After Court Sacked Him, Deputy
Governor David Umahi of Ebonyi State, Tuesday stressed that he remains the Governor of the State not minding the ruling by the Federal High Court, Abuja
The court had sacked him (Umahi) and his Deputy, Dr. Kelechi Igwe from office and directed that the duo should not to parade themselves in like manner.
Briefing newsmen in Abakaliki, Governor Umahi who described the ruling as “jungle justice that was purchased” noted that the ruling was not a good development for the Judiciary.
The media had earlier on Tuesday reported that the Federal High Court sitting in Abuja sacked Umahi, his defection from the Peoples Democratic Party, PDP, to the ruling All Progressive Congress, APC.
The judgement followed a suit the PDP lodged before the court.
PDP Nominates Igariwey As Governor, Udogwu Deputy Asks INEC To Issue Certificates Of Return
Following the sack of Ebonyi state governor, Dave Umahi, deputy governor, Kelechi Igwe and 17 lawmakers for defecting to the All Progressives Congress, APC from the Peoples Democratic Party, PDP; the latter has asked the Independent National Electoral Commission, INEC to recognize Hon. Iduma Igariwey and Fred Udogwu as governor and deputy governor of the state respectively.
A federal High Court sitting in Abuja in its ruling also directed INEC to receive names of Umahi and Igwe’s replacements from the PDP or in the alternative, conduct fresh governorship poll.
