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.Read also:
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.
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 governorship election in Ebonyi state in line with section 177(c) of the 1999 Constitution, as amended.
The governor and his deputy defected from the PDP on whose platform they were elected into office in the 2015 and 2019 general elections to the APC.
Determined to reclaim its mandate, the PDP sued the Umahi, Igwe, the APC and INEC.
The court noted that the crux of the matter was the defection of the 3rd and 4th from the PDP to the APC, adding that the averments of the 3rd and 4th Defendants did not address the issue of defection rightly and frontally but rather resorted to general denial to affidavit evidence.
Justice Ekwo said the depositions of the 3rd and 4th Defendants in their counter affidavit were “evasive and insufficient” to competently challenge the Plaintiff’s originating process.
It was the opinion of the court that the “Immunity Clause” in section 308 of the Constitution is not absolute.
The court ruled that “Section 308 is a veritable constitutional shield” and not for political reasons.
Justice Inyang said Umahi and Igwe did not controvert the deposition that total votes scored in an election belong to a political party.
He stated that evidence abound that the 2nd defendant (APC) contested the Ebonyi State Governorship election held on March 2019, with its own candidates.
“It can be noted that the Constitution does not deal with the issue of defection lightly,” the court stated.
“The 3rd and 4th Defendants cannot transfer the votes and victory of the Plaintiff on March 9, 2019, to the APC. Office of the Governor and Deputy Governor of Ebonyi state belongs to the PDP.
“The option for Umahi and Igwe is to vacate office and wait for next election to contest election under the platform of its new party,” the court declared.
The court said the act of the APC, Umahi and his deputy is aimed at dismantling the 1999 Constitution.
Consequently, the court declared that under the democratic system operated in Nigeria, the plaintiff won the majority of votes during the election and is entitled to enjoy same till end of tenure of office for which the election was made.
The court, therefore, ordered both Umahi and Igwe to immediately vacate their positions.
David Umahi reacts
Governor David Umahi has reacted to the judgement of the Federal High Court in Abuja that declared his seat and that of his Deputy, Kelechi Igwe, vacant.
Umahi said Justice Inyang Ekwo lacks the power to remove him from office and has put the judiciary on trial.
