A High Court in Abakaliki on Monday, dismissed a suit seeking to sack Governor Dave Umahi of Ebonyi State and his Deputy, Kelechi Igwe from office over their defection from from the Peoples Democratic Party, PDP to the All Progressives Congress, APC.
The Ebonyi State Governor and his deputy had in November 2020, defected to the APC from PDP, the party platform he was elected for two terms.
Ogbuoji was the APC’s governorship candidate during the 2019 election had consequently sought an order to reinstate him as governor, instead of Umahi, who just defected to the party.
Ogbuoji, by originating summons, prayed the Court to hold that Umahi having defected to the APC from the PDP through which he was elected ought to vacate the office of the Governor upon defection.
He also prayed the Court to order for his swearing in behaving come second in the 2019 election.
But Governor Umahi in his defence argued that the plaintiff was relying on the pre-election/election qualification issues which ought not to be.
He further argued that there is no provision in the constitution that provides for defection as one of the grounds for the vacation or removal of a person as Governor or as Deputy Governor.
Delivering his judgment, Justice Henry Njoku, dismissed the suit filed by Ogbuoji for lacking in merit and awarded N500, 000 as damages against him.
The judge held that Gov. Umahi has not offended any provisions of the Constitution or the Electoral Act in his defection to APC.
“The suit is dismissed for lacking of merit and award cost of 500, 000 is made against the plaintiff,” he said.
Speaking after the judgment, the Lead Counsel to Gov. Umahi, Roy Nweze, commended the court for a sound judgment.
“1 don’t see the judgment any differently other than what I read from several law reports.
“Every constitutional provision relating to the office of President and Vice president are corresponding provision relating to the governor and his deputy.
“As far back as 2007 the Supreme Court had ruled that there are no consequences for president and vice president defecting from one political party or another.
“Summary, is that the governor and deputy can defect to any political party at any time, even if it’s a day after election,” Nweze stated.
The Plaintiff’s lead Counsel, Ogbonnaya Okorie also commended the judgment.
“We approached court to investigate the provision of the law visa-vis the defection of the Governor to APC,” Okorie said. (NAN)
