A Federal High Court in Abuja has sacked Ebonyi State governor, Mr Dave Umahi, his Deputy, Dr. Kelechi Igwe and 16 members of the State House of Assembly on account of their unlawful defection from the Peoples Democratic Party PDP to the All Progressives Congress (APC).
The court declared their mass defection from PDP to APC as unlawful, unconstitutional, null and void and ordered them to immediately vacate their offices.
Justice Inyang Ekwo in a judgment on Tuesday ordered Umahi and his deputy to immediately stop holding themselves out as Governor and Deputy Governor of Ebonyi State.
He also ordered the House of Assembly members not to parade themselves or make any attempt to hold themselves out as Legislators of Ebonyi House of Assembly.
The Judge held that the votes that brought them to their respective offices belonged to the People’s Democratic Party PDP and cannot hold on to the votes having on their own elected to jettison the party that nominated them.
Justice Ekwo held that the votes cast for PDP in the March 9, 2019 governorship election and those for the House of Assembly are not transferrable to the APC that failed in the election.
Justice Ekwo in a separate judgment in a suit by the People’s Democratic Party PDP 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.
The court restrained Independent National Electoral Commission INEC from recognizing or according any recognition to them as elected governor, deputy governor and members of the House of Assembly.
Justice Ekwo ordered that all monies collected from the period of their defection to the judgment date must be recovered from them.
The Court held that in Nigeria, political
parties canvass for votes and they are voted for adding that only candidates sponsored by the winning parties can lawfully claim such votes.
In the instant case, Justice Ekwo said that it was the PDP that the people of Ebonyi state voted for and that it is it’s candidates that can claim the votes.
The Judge said from the evidence before the court, APC did not field Umahi and his co-defectors for the March 9, 2019 and having defected from PDP to APC, cannot take the benefits from the jettisoned party.
Justice Ekwo dismissed the issue of immunity raised by Umahi to shield him from the suit adding that section 308 of the 1999 Constitution has nothing to do with defection matters.
The Judge also dismissed the claim of Umahi he was a Public Officer and that the suit against him was not competent having not been filed within three months stipulated by the Public Officer Protection Act.
Justice Ekwo held that Umahi cannot take refuge under the Act because defection was not part of the functions he discharged in the course of his office duties.
He therefore directed PDP to nominate to INEC fresh people to replace the sacked governor, deputy and the State House of Assembly members.