A Federal High Court presided over by Justice Inyang Ekwo has sacked Ebonyi State Governor, Mr. Dave Umahi, and his Deputy, Dr. Kelechi Igwe over their defection from the Peoples Democratic Party (PDP) to the ruling All Progressives Congress (APC).
The judgment was given on Tuesday and their defection was declared as unlawful, unconstitutional, and void, and the Governor and his deputy were ordered to immediately vacate their offices.
According to the court, the votes that made them win March 9, 2019, Ebonyi state governorship election belonged to the PDP and cannot retain the votes having elected to jettison the party that nominated them.
Justice Ekwo stated that the votes cast for the PDP during the governorship election cannot be legally transferred to APC that failed in the election.
The court ordered the Independent National Electoral Commission (INEC) to immediately receive from the PDP, names of people to replace the governor and his deputy, or alternatively, conduct a new governorship election in Ebonyi state which is in accordance with section 177 (c) of the 1999 Constitution, as amended.
The court’s judgment followed a suit filed before the court by the PDP.
Similarly, the court sacked 17 members of the Ebonyi State House of Assembly who joined Gov Umahi and his deputy during their defection from PDP to APC.
The Court stated that the House of Assembly members won the elections on the platform of PDP and could not transfer the mandate they obtained in the polls to another political party.
Furthermore, the court held that section 109 (1) (g) of the 1999 Consitution was purposely made to ensure that political defectors were not allowed to retain their seats in the State House of Assembly unless such defectors can justify their defection.
The affected lawmakers were therefore ordered to immediately vacate their offices while INEC was ordered to receive from the PDP, a list of candidates to replace the sacked lawmakers, and a Certificate of Return should be issued to them, or alternatively, INEC should conduct fresh elections for the Ebonyi State House of Assembly to fill up the vacant positions.
