A federal high court in Abuja has ordered the removal of
David Umahi and Eric Kelechi Igwe, as governor and deputy governor of Ebonyi
state, following their defection from the Peoples Democratic Party (PDP) to the
All Progressives Congress (APC).
In the judgment delivered on Monday, Inyang Ekwo, the judge,
held that the 393,042 votes polled by Umahi in the March 9, 2019 governorship
election belonged to the PDP and cannot be legally transferred to the APC.
Umahi left the PDP in November 2020 attributing the action
to the “injustice” done to the south-east.
Consequently, the PDP instituted a suit against the
governor, his deputy, the APC and INEC.
The PDP asked the court to make a declaration that by
defecting from the party on which they were sponsored and elected as governor
and deputy governor of Ebonyi state, they have resigned or deemed to have
resigned from office.
In the judgment, the court held that having defected to the
APC, both Umahi and his deputy, not only dumped 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,
“belongs to the plaintiff and no other political party”.
“There is no constitutional provision that made the ballot
transferrable from one party to the other,” Ekwo held.
The judge held that the PDP is bound to retain the votes and
mandate that was given to it by the electorate in Ebonyi state, as both the
governor and his deputy cannot validly transfer the same to the APC.
The court ordered Umahi and Igwe to immediately vacate their
positions.
Ekwo ordered 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 restrained Umahi and Igwe from further parading
themselves as governor and deputy governor of Ebonyi state.
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