By Our reporter
A high court sitting in Abakaliki, Ebonyi State has dismissed a suit by the candidate of the All Progressives Congress Party, APC, during the 2019 governorship elections, Senator Sonni Ogbuoji, challenging the defection of Governor Umahi of Ebonyi State from People's Democratic Party (PDP) to All Progressives Congress (APC).
The plaintif had in suit, asked the court to remove Governor Umahi and his Deputy from office and declare him Governor as first runner of the 2019 Governorship elections in the State, citing Umahi's defection from the People's Democratic Party, (PDP) to the All Progressives Congress Party. (APC)
Delivering the judgement at the Federal High Court 2, Abakaliki, Justice Henry Njoku the Presiding Judge, His Lordship, Hon Justice Henry Njoku, stated that the plaintiff came by originating summons seeking the Court to hold that the defendant, Governor of Ebonyi State, having defected to APC from the Party through which he was elected ought to vacate the office of the Governor upon defection and that the plaintiff having come second in the 2019 election be sworn in instead.
Though the plaintiff did not come through relevant rules of Court to institute their originating summons, the Court still went ahead in the interest of substantive justice to hear the matter of the propriety of the defection of Governor Umahi from PDP to APC
The plaintiff sought to determine whether Governor Umahi having defected to APC can still continue to be Governor, having regards to the provisions of the constitution and the Electoral Act as relied upon by the plaintiff and that having come second in the Governorship election ought to be sworn in.
The defendant in his argument canvassed that the plaintiff was relying on the pre-election/election qualification issues, arguing that there is no provision in the constitution that provides for defection as one of the grounds for the vacation or removal of a person as Governor or as Deputy Governor. He alluded to judicial authorities of Appellant Courts that have settled the matter.
Considering the submissions of both parties, the Court held that having regard to section 188 (1) of the 1999 Constitution as amended, the defendant (Governor Umahi) has not offended any provision of the Constitution or the Electoral Act in his defection to APC.
The Court further held that having regard to section 308 of the Constitution, it is even wrong to institute criminal or civil proceedings against the office of the Governor.
The Court therefore dismissed in its entirety, the suit filed by the plaintiff for lacking in merit and awarded Five Hundred Thousand Naira (N500, 000.00) as damages against the plaintiff
Lead counsel to the defendants Barr. Roy Umahi stated that, “I don’t see the judgement any differently others than what I had read from several law reports. Every constitutional provision relating to the office of President and Vice president , they are corresponding provision relating to the Governor and his Deputy.
As far back as 2007 the Supreme Court had ruled that there are no consequences for President and Vice president defecting from one political party to another. That also applies to the Governor and his Deputy . Summary is that the Governor and Deputy can defect to any political party at any time ,even if it’s a day after election”.
Reacting to the judgement, Barr. Uchenna Orji explained that the matter was duly dismissed as had been in such other previous cases and would be in any such.
Lead counsel to the defendants Barr. Roy Umahi stated that, “I don’t see the judgement any differently others than what I had read from several law reports. Every constitutional provision relating to the office of President and Vice president , they are corresponding provision relating to the Governor and his Deputy.
As far back as 2007 the Supreme Court had ruled that there are no consequences for President and Vice president defecting from one political party to another. That also applies to the Governor and his Deputy . Summary is that the Governor and Deputy can defect to any political party at any time ,even if it’s a day after election”.
Ogbonnaya Okorie, who is the counsel for the plaintif, appreciated the judgment and said his client's motive was to explore the provisions of the law in order to clarify issues of interest.
"It is our intention to ensure that we harness some secret aspect of the constitution, it has informed us that the steps we took is an Inter-Party issue,
"not at this stage, and it is the provision of the constitution that a Governor cannot be removed based on the issue of defection." He explained.
Reacting to the judgement, the State Commissioner for information and orientation, Barr Uchenna Orji, lauded the judgment and said it is a welcome development to the people of the State as the Governor has been vindicated.
He described the judgment as a people's victory nothing that governor Umahi's defection was for the interest of the people, which would further end all distractions resulting from the Governor's defection to the APC.
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