Defection: Gov Umahi, Deputy defection, unlawful – Court held

• Asks state legislators to vacate office

By Vivian Okejeme, Abuja

The Federal High Court Abuja, has sacked Governor Dave Umahi of Ebonyi State and his Deputy, Dr. Kelechi  Igwe, from office.

Also, in a separate judgment in a suit by the People’s Democratic Party PDP, the court ordered the Speaker of the House of Assembly and his co-defectors to immediately stop holding themselves out as members of Ebonyi State House of Assembly.

Justice Inyang Ekwo declared that the defection of Governor and his deputy from the PDP to the All Progressives Congress(APC), was illegal, null and unconstitutional. 

The court declared that under the democratic system operated in Nigeria, the plaintiff won the majority of votes during the election and is entitled to enjoy same till end of tenure of office for which the election was made.

The decision of the court was following a suit filed by the opposition part, seeking the removal of Governor Umahi and his deputy, Dr. Igwe from office.

In its judgement, it noted that the crux of the matter was the defection of the 3rd and 4th defendants from the PDP to the APC. 

It maintained that the arguments of the 3rd and 4th Defendants did not address the issue of defection rightly and frontally but rather resorted to general denial to affidavit evidence.

It further held that the depositions of the 3rd and 4th Defendants in their counter affidavit were “evasive and insufficient” to competently challenge the Plaintiff’s originating process. 

The Judge held that the votes that brought them to office belonged to the People’s Democratic Party PDP and not transferable, adding that the legislators cannot hold on to the votes having elected to defect from the party that nominated them.

The court ordered that all monies collected from the top period of their defection to the judgment date must be recovered from them.

‘’It was the opinion of the court that the “Immunity Clause” in section 308 of the Constitution is not absolute.

“Section 308 is a veritable constitutional shield” and not for political reasons,’’ the court ruled.

The court said Umahi and Igwe did not controvert the deposition that total votes scored in an election belong to a political party.

Justice Ekwo said 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 it’s new party, the court declared. 

Justice Ekwo held that the APC, Umahi and his deputy’s action was aimed at bleaching the 1999 Constitution as amended.

Meanwhile, the Ebonyi State Commissioner for Information and State Orientation, Hon. (Barr) Orji Uchenna Orji described the judgement as a travesty of justice and assured that they would appeal the decision.