The Federal High Court sitting in Abuja, on Tuesday, sacked Governor Dave Umahi of Ebonyi State and his Deputy, Dr Eric Kelechi Igwe, following their defection from the Peoples Democratic Party, PDP, to the ruling All Progressive Congress, APC.
The court, in a judgement that was delivered by Justice Inyang Ekwo, held that the total number of 393, 042 votes governor Umahi secured during the March 9, 2019 governorship election in Ebonyi state, belonged to the PDP and same could not be legally transferred to the APC.
According to the court, having defected to the APC, both Umahi and his deputy, not only jettisoned the PDP, but also the votes that belonged to it.
It held that going by the outcome of the governorship election, the office of the governor and deputy governor in Ebonyi state, “belong to the Plaintiff and no other political party”.
“There is no constitutional provision that made the ballot transferrable from one party to the other”.
It held that the PDP is bound to retain the votes and mandate that was given to it by electorates in Ebonyi state, as both governor Umahi and his Deputy could not validly transfer same to APC.
The court, therefore, ordered both Umahi and Igwe to immediately vacate their positions.
It ordered the Independent National Electoral Commission, INEC, to immediately receive from the PDP, names of persons to replace Umahi and his Deputy, or in the alternative, conduct a fresh gubernatorial election in Ebonyi state in line with section 177(c) of the 1999 Constitution, as amended.
The court further restrained both Umahi and Igwe from further parading themselves as governor or deputy governor of Ebonyi state.
The judgement followed a suit the PDP lodged before the court.
Court also sacks Ebonyi lawmakers
Also, in a similar circumstance, Justice Inyang Ekwo of the Federal High Court Abuja, has ordered the 16 lawmakers from Ebonyi to vacate their seats after their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Justice Inyang Ekwo, in a judgment, ordered the lawmakers to stop parading themselves as representatives of the people after dumping the party on which platform they were elected into the house of assembly.
Some of the lawmakers include Odefa Obasi Odefa, Victor Chukwu, Kingsley Ikoro, Joseph Ununu, Nkemka Okoro, among others.
Mr Umahi in November 2020 defected the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
When asked why, the Governor said he left for personal reason.
Without anger PDP in a statement said.
The @PDPYouthLeader says that the Governor of Ebonyi State, Engr. Dave Umahi, left our party for personal reasons, which Nigerians will come to know at the fullness of time.
Our party thanks Governor Umahi for services rendered to the people of Ebonyi state, as the State Chairman of Ebonyi PDP (2003 to 2007); deputy governor of Ebonyi state (2007 to 2015) and two term governor of Ebonyi (2015 till date), all elected on the platform of the PDP.
