An Appeal Court sitting in Enugu on Friday affirmed the judgement of Ebonyi State High Court, Abakaliki, which quashed a suit challenging the defection of Governor David Umahi and his deputy, Dr. Kelechi Igwe, to the All Progressives Congress (APC).
Governor Umahi and his deputy had in November 2020, decamped from the PDP, the platform on which they were elected, to the APC, citing injustice by the PDP against the South East zone. The suit was filed by Senator Sunni Ogbuoji and his running mate, Mr. Justin Mbam Ogodo, the governorship flag bearers of the APC in 2019 in Ebonyi State.
They had through originating summons asked the Court to determine whether the defendant, Governor Umahi, and his deputy, have not vacated their offices or deemed to have vacated their offices, having defected to the APC from the PDP. The plaintiffs asked the Court to order INEC to swear them since they came second in the 2019 general election.
But Justice Henry Njoku of the Ebonyi State High Court dismissed the suit for lacking in merit. Delivering judgement on the appeal, on Friday, a three-man panel in their unanimous judgement, affirmed the ruling of the Abakaliki High Court. According to the Justices, there is no consequence under the law against the defection of a 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 Justices further held that, the defection of a political office holder might appear immoral, but it was not the duty of the Court to embark on investigation or probe into the provisions of the laws, warning that judicial activism must not be turned into judicial rascality. The Appellate Court said there is no provision in sections 180, 188 or 189 of the 1999 constitution as amended, that empowers the Court to remove either a seating governor or the deputy, saying, the issue of defection of an office holder is not novel to Nigeria’s judicial jurisprudence. The Court dismissed the appeal and awarded two hundred thousand (#200, 000) naira against the appellants.
Reacting to the judgement, Governor David Umahi thanked the judiciary for the judgement. He said the opposition in the state has been doing everything to distract his administration but he remains resolute to deliver on the mandate entrusted to him by the people of the state. The governor said he has confidence in the judiciary to uphold the law in all the cases instituted against his administration by the opposition.
Umahi said that his administration will conclude its tenure on May 29, 2023 irrespective of its challenges. He congratulated the people of the state over the judgment and thanked various religious bodies for their prayers. “The enemies have tried using the Independent National Electoral Commission (INEC) and the courts but failed. We will however, defeat them any where they go and would finish strongly. We will conduct a special praise and worship service on Sunday to thank God for His mercies on the government and the people,” he said.