Justice Inyang Ekwo of the Federal High Court, Abuja, on Wednesday opened a new vista in Nigeria’s political landscape by ordering the Governor of Ebonyi State, Dave Umahi and his deputy, Dr. Kelechi Igwe, to vacate their offices for defecting from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Justice Ekwo said the move from the PDP to the APC was illegal and unconstitutional. The judgment followed suits marked FHC/ABJ/CS/ 920/21 and FHC/ABJ/CS/ 1041/21, filed by the PDP seeking the removal of the governor and his deputy from office for abandoning the party.
Justice Ekwo said the depositions of the 3rd and 4th defendants (Umahi and Igwe) in their counter-affidavit were “evasive and insufficient” to competently challenge the plaintiff’s originating process.
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,” the court said, adding that it was not inserted for political reasons.
Umahi and his deputy had filed a notice of preliminary objection challenging the suit by the PDP, arguing that Section 308 of the 1999 Constitution provided immunity to them from the plaintiff’s suit and that votes cast during the said elections belonged to them and not the plaintiff, going by the provisions of the Electoral Act, 2010 and recent Supreme Court pronouncements.
However, the court disagreed with them and held that 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 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 the next election to contest election under the platform of their new party,” the court declared.
The court added that the act of the APC, Umahi and his deputy is aimed at dismantling the 1999 Constitution.
Consequently, the court held that 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 PDP had in an originating summons asked 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 have resigned or deemed to have resigned from office.
Other defendants in the suit were the Independent National Electoral Commission (INEC) and the All Progressives Congress (APC).
