By Dave Ukah
The Appeal Court sitting in Enugu, has affirmed the ruling of the Ebonyi State High Court, which declared that Governor David Nweze Umahi and his Deputy, Dr. Kelechi Igwe, did not offend any provision of the constitution or the Electoral Act by defecting from the Peoples Democratic Party, PDP to the All Progressives Congress, APC, in the State.
The Court held that 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.
The Plaintiffs in the matter are the candidate of the All Progressives Congress, APC, Ebonyi State, in the 2019 Governorship election, Senator Sonni Ogbuoji and his Deputy, Chief Justin Ogbodo Mbam.
Recall that on Tuesday, February 28, 2022, the Ebonyi State High Court sitting in Abakaliki, struck out the same suit and awarded N500, 000 as damages against the plaintiff.
The plaintiffs who were dissatisfied with the judgement, and had on 7th March 2022, filed at Enugu judicial division of the Appeal Court.
Delivering judgement on the appeal, on Friday, a three-man panel in their unanimous judgement, affirmed the ruling of the Abakaliki High Court, that Governor Umahi and his deputy did not offend any provision of the constitution or the Electoral Act in defecting to the APC from the PDP.
The judgement was read by Justice J O K Oyowole.
According to the Justices, there is no consequence under the law against the defection of a 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.
The Justices further held that, the defection of a political office holder might 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 said there is no provision in sections 180, 188 or 189 of the 1999 constitution as amended, that empowers the Court to remove either a seating governor or the deputy, saying, the issue of defection of an office holder is not novel to Nigeria's judicial jurisprudence
The Court dismissed the appeal and awarded two hundred thousand (#200,000) naira against the appellants.
The Counsel to the Defendants, Barrister Roy O. U Nweze, applauded the judgement, saying, "it will be a reference point all over the country".
Barr. Nweze said the Appeal Court has substantially rendered nugatory, the Abuja Federal High Court judgement by Justice Inyang Ekwo, which sacked Governor Umahi and his deputy on March 8,2022.
Counsel to the Appellants, Ogbonnaya Okorie, appreciated the industry of the court and disclosed that he would study the judgement and advice his clients on the way forward.
Reacting, the Ebonyi State Commissioner for Information and State Orientation,Barrister Uchenna Orji, said the judgement was a demonstration of the capacity of the appellant's Court to protect the rule of law and the principles of separation of powers.
He further described it as a victory for democracy.
The Appeal Court sitting in Enugu, has affirmed the ruling of the Ebonyi State High Court, which declared that Governor David Nweze Umahi and his Deputy, Dr. Kelechi Igwe, did not offend any provision of the constitution or the Electoral Act by defecting from the Peoples Democratic Party, PDP to the All Progressives Congress, APC, in the State.
The Court held that 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.
The Plaintiffs in the matter are the candidate of the All Progressives Congress, APC, Ebonyi State, in the 2019 Governorship election, Senator Sonni Ogbuoji and his Deputy, Chief Justin Ogbodo Mbam.
Recall that on Tuesday, February 28, 2022, the Ebonyi State High Court sitting in Abakaliki, struck out the same suit and awarded N500, 000 as damages against the plaintiff.
The plaintiffs who were dissatisfied with the judgement, and had on 7th March 2022, filed at Enugu judicial division of the Appeal Court.
Delivering judgement on the appeal, on Friday, a three-man panel in their unanimous judgement, affirmed the ruling of the Abakaliki High Court, that Governor Umahi and his deputy did not offend any provision of the constitution or the Electoral Act in defecting to the APC from the PDP.
The judgement was read by Justice J O K Oyowole.
According to the Justices, there is no consequence under the law against the defection of a 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.
The Justices further held that, the defection of a political office holder might 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 said there is no provision in sections 180, 188 or 189 of the 1999 constitution as amended, that empowers the Court to remove either a seating governor or the deputy, saying, the issue of defection of an office holder is not novel to Nigeria's judicial jurisprudence
The Court dismissed the appeal and awarded two hundred thousand (#200,000) naira against the appellants.
The Counsel to the Defendants, Barrister Roy O. U Nweze, applauded the judgement, saying, "it will be a reference point all over the country".
Barr. Nweze said the Appeal Court has substantially rendered nugatory, the Abuja Federal High Court judgement by Justice Inyang Ekwo, which sacked Governor Umahi and his deputy on March 8,2022.
Counsel to the Appellants, Ogbonnaya Okorie, appreciated the industry of the court and disclosed that he would study the judgement and advice his clients on the way forward.
Reacting, the Ebonyi State Commissioner for Information and State Orientation,Barrister Uchenna Orji, said the judgement was a demonstration of the capacity of the appellant's Court to protect the rule of law and the principles of separation of powers.
He further described it as a victory for democracy.
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