Admin l Friday, April 01, 2022
ENUGU, Nigeria – Appeal Court, sitting in Enugu State today upheld the decision of Ebonyi State Governor, Mr. David Umahi and his Deputy, Kelechi Igwe to defect from the Peoples Democratic Party, PDP to All Progressive Congress, APC.
The court upheld the ruling of the lower court that Governor Uhami and his deputy, Kelechi Igwe cannot vacate office as governor and deputy, stressing that it is unconstitutional.
Justice Joseph Oyewole dismissed the suit for being inconsistent with the constitution and extant laws of the country.
He held that it is not known in law where a sitting governor and his deputy vacated office on the basis of defection to another party.
He noted that the Supreme Court on its earlier judgment on the matter between Alhaji Atiku Abubakar and the attorney general of the federation has cleared the matter.
According to the judge, the power to declare the holders of the officers of the governor and deputy governor vacant was not conferred on the judiciary by sections 180, 188 and 189 or any section of the constitution of the Federal Republic of Nigeria as amended.
Ina unanimous decision, Justice Joseph Oyewole who read the judgment, after citing several provisions of the law on the matter held that the appellants, Senator Sunny Ogodo could not substantiate their claims against the respondents and struck out the matter and awarded the sum of N200,000 in favour of the respondents, David Umahi and Kelechi Igwe.
