The Court of Appeal in Enugu has ruled that Governor David Umahi and his Deputy, Dr. Kelechi Igwe, did not err against the provision of the constitution or the Electoral Act by defecting from the People’s Democratic Party to the All Progressives Congress.
The court, in a judgement on Friday, affirmed the earlier ruling of the Ebonyi State High Court, which declared that the governor and his deputy had the right of choice.
The Appeal Court stressed that there was no consequence under the law against the defection of the holder of the office of the President, Vice-President, Governor or Deputy Governor, to another political party from the party that sponsored the election that brought him or her to office.
The plaintiffs in the matter are the candidate of the All Progressives Congress in Ebonyi State in the 2019 governorship election, Senator Sonni Ogbuoji; and his deputy, Chief Justin Ogbodo Mbam.
The Ebonyi State High Court sitting in Abakaliki, had on Tuesday, February 28, struck out the suit and awarded N500,000 as damages against the plaintiff.
A unanimous judgement delivered by a three-man-panel, led by Justice J O K Oyowole, held that the defection of a political office holder may appear immoral, but it was not the duty of the court to embark on an investigation or probe into the provisions of the laws, warning that judicial activism must not be turned into judicial rascality.
The court further stated that there was no provision in sections 180, 188 or 189 of the 1999 constitution as amended that empowered the court to remove either a sitting governor or the deputy from office.
Holding that the defection of an office holder was not novel to Nigeria’s judicial system, the court dismissed the appeal and awarded N200,000 against the appellants.
The defendants’ counsel, Roy O. U Nweze, applauded the judgement, saying, it will be a reference point for other cases.
The Ebonyi State Commissioner for Information and State Orientation, Orji Uchenna Orji, described the judgement as a demonstration of the capacity of the appellate court to protect the rule of law as well as the principles of separation of powers.
Simbad Ogbuatu State Publicity Secretary of the APC, said, “The verdict of the Federal Appeal Court, Enugu upholding the position of Ebonyi State High Court that Governor Umahi and Deputy cannot vacate office for defecting to APC from PDP is a true position of law, and the judgement has gone a long way to rekindle the people’s confidence in the court as the last hope of the common man.
“With every sense of respect, the APC family in Ebonyi State wish to appreciate the great men and women of this country for lending their voices; we thank the great Ebonyians for their unprecedented support and solidarity shown during this period.”
