Justice Inyang Ekwo of the Federal High Court in Abuja has ordered the governor of Ebonyi State, Mr. Dave Umahi and his deputy, Dr Eric Igwe, to immediately vacate office as governor and deputy governor of the state having defected from the Peoples Democratic Party (PDP) to the All Progressive Congress (APC).
The court also sacked the 17 lawmakers of the state house of assembly who had on November 17, 2020, joined Umahi and Igwe to move over to the APC.
The court held that by defecting from the party on which they were sponsored and elected as governor and deputy governor of Ebonyi State to the APC, a political party that did not win the election, they had resigned or are deemed to have resigned from office.
According to the judge, the total number of 393,042 votes Umahi secured at the March 9, 2019 Ebonyi State governorship election belonged to the PDP, hence could not be legally transferred to the APC.
The court ruled that “Section 308 is a veritable constitutional shield” and not for political reasons.
Justice Inyang said Umahi and Igwe did not controvert the deposition that total votes scored in an election belong to a political party.
He stated that evidence abound that the 2nd defendant (APC) contested the Ebonyi State Governorship election held on March 2019, with its own candidates.
“It can be noted that the Constitution does not deal with the issue of defection lightly,” the court stated.
“The 3rd and 4th Defendants cannot transfer the votes and victory of the plaintiff on March 9, 2019, to the APC. Office of the governor and deputy governor of Ebonyi state belongs to the PDP.
“The option for Umahi and Igwe is to vacate office and wait for next election to contest election under the platform of its new party,” the court declared.
The court, therefore, restrained Umahi and Igwe from parading themselves as governor and deputy governor of Ebonyi State.
The court ordered the PDP to nominate candidates to replace Umahi and Kelechi as governor and deputy governor of the state respectively.
The court said the PDP should send such names to the Independent National Electoral Commission (INEC).
The court further restrained INEC from recognising Umahi and Igwe as governor and deputy governor of Ebonyi state.
On the lawmakers, the judge held that having abandoned the political party that sponsored them, they could not transfer the mandate they obtained from the ballot to another political party.
It held that the defendants, who became members of house of assembly on the platform of the PDP, could not justify their defection when there was no division in the PDP.
It held that section 109(1) (g) of the 1999 Constitution was purposely couched to ensure that defectors were not allowed to retain their seat in the House, unless such defectors are able to justify their action.
The court held that the case PDP brought against them succeeded.
Consequently, it ordered the lawmakers to immediately vacate their positions and restrained them from further parading themselves or acting as members of the Ebonyi state house of assembly.
The court also made an order of mandatory injunction compelling INEC to accept from the PDP, a list of its candidates to replace the sacked lawmakers, as well as to issue certificate of return to them.
Alternatively, the court directed INEC to within 90 days, conduct fresh election in Ebonyi State to fill up the vacant positions.
It further ordered all the lawmakers to refund all salaries and monies they received from the period they defected to the APC.
In an originating summons marked FHC/ABJ/CS/920/2021, the PDP had principally urged the court to make a declaration that by defecting from the party on which they were sponsored and elected as governor and deputy governor of Ebonyi State to the APC, a political party that did not win the election, they had resigned or are deemed to have resigned from office.
The plaintiff stated that “by so doing, the defendants are deemed to have lost the majority votes scored at the election and consequently should be ordered by the court to vacate their respective offices like governor and deputy governor of Ebonyi State”.
