A Court of Appeal sitting in Abuja on Friday reversed the March 8 judgment of the Abuja Federal High Court which had dismissed David Umahi and his deputy, Eric Kelechi Igwe as Governor and Deputy Governor respectively of Ebonyi State for defecting from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
In a judgement delivered yesterday by a 3-member panel of the appellate court led by Justice Haruna Tsanammi, the appellate court held that the 1999 Constitution as amended, did not make any provisions for any punishment for a governor or deputy governor who defected from the party on which platform they got to office.
The appellate court further held that the only option opened to a political party, aggrieved by the defection of a governor or deputy governor, is to explore the impeachment option provided in the Constitution.
The court aligned itself with an earlier decision on the same issue given by the Enugu division of the court.
Justice Ekwo of the Abuja Federal High court Abuja had on March 8, 2022, ordered the Ebonyi state Governor Dave Umahi and his deputy, Eric Igwe, to vacate their sits as the sitting governor and deputy on grounds that the PDP won the election on March 2019 and not its candidate.
Citing section 221 of the constitution, Justice Inyang Ekwo declared their defection from the Peoples Democratic Party to the All Progressives Congress, as illegal, and unconstitutional.
Africa Today News, New York had earlier reported that the Independent National Electoral Commission (INEC) had recently published the list of 80 successful candidates, including Governor David Umahi, for the 2023 National Assembly elections in Ebonyi State.
The section provides that the names of candidates sponsored by political parties shall be published one hundred and fifty days before the poll.