Court of Appeal Enugu Division, has affirmed the judgement of Ebonyi High Court, Abakaliki, which quashed a suit challenging the defection of Governor David Umahi and his deputy, Dr Kelechi Igwe, to the All Progressives Congress, APC.
Gatekeepers News reports that the court in a unanimous judgement delivered by Justice A. O Belgore, held that Governor Umahi and his deputy had the right to move to any political party they so wished.
The court added that there was nowhere in the constitution, the supreme law of the land, that barred a sitting governor from defecting to any political party.
Other members of the three-man panel of Justices are Justice J.O.K Oyewole and Justice S.N Gbagi.
The governorship flag bearers of the APC in 2019 in Ebonyi State, Senator Suny Ogbuoji and his running mate, Mr Justin Mbam Ogodo, had through originating summons filed a suit at the state High Court asking it to hold that the defendant, David Umahi, having defected to the APC from the PDP, ought to vacate the office, so that they would be sworn-in, having come second in the election
But Justice Henry Njoku of the Ebonyi State High Court dismissed the suit for lacking in merit.
Njoku ruled that, having regard to section 188 (1) of the 1999 Constitution as amended, the defendants, Governor Umahi and his deputy, had not offended any provision of the Constitution or the Electoral Act in defecting to the APC.
The High Court further held that, having regard to section 308 of the Constitution, it was even wrong to institute criminal or civil proceedings against the office of the Governor or Deputy Governor.
Dissatisfied with the judgement, the plaintiffs, Mr Suny Ogbuoji and his running mate, Justin Mbam Ogodo, on March 7, 2022, filed an appeal against the judgement, at the Enugu judicial division of the Appeal Court.
But the Appeal Court, in affirming the ruling of the Abakaliki High Court, said that Governor Umahi and his deputy did not offend any provision of the Constitution or the Electoral Act, as there was no consequence under the law against the defection of the holder of the office of the President, Vice President, Governor or Deputy Governor, to another political Party from the party that sponsored the election that brought him or her to office.
It further held that, the defection of a political office holder may appear immoral, but it was not the duty of the Court to embark on investigation or probe into the provisions of the laws, warning that judicial activism must not be turned into judicial rascality.
The Appellate Court further held that there was no provision in sections 180, 188 or 189 of the 1999 Constitution as amended, that empowered the Court to remove either a sitting governor or the deputy.
The court awarded the sum of N200,000 against the appellants.
