Ebonyi State Governor And Deputy Sacked See Why

Ebonyi State Governor, Dave Umahi and his deputy, Eric Igwe, has been ordered to vacate their seats as the sitting governor and deputy respectively. 

iexclusivenews reports that the Federal High Court in Abuja ordered this on grounds that the Peoples Democratic Party (PDP) won the election in March 2019 and not the candidates.

Governor Dave Umahi and his deputy defected to the All Progressives Congress (APC) nearly two years ago.

However, the court on Tuesday, ruled that Umahi and his deputy, having defected to the APC, cannot transfer the PDP’s mandate to the APC.

This online news outlet understand that Umahi reacted to the verdict by claiming that Justice Ekwo lacked the authority to remove him from office.

Justice Inyang Ekwo, citing section 221 of the constitution. Ordered the PDP to immediately send names of replacements to INEC for fresh elections to be conducted.

iexclusive News Nigeria reports that Justice Ekwo also ordered the Independent National Electoral Commission (INEC).

To cease from recognising Umahi and Igwe as the governor and deputy governor of the Ebonyi State.

What You Need To Know About The Judgement

The presiding judge, Justice Ekwo, delivering judgement in the case ordered Mr. Dave and his deputy to vacate office.

Adding that their defection was illegal, null and unconstitutional.

Mr. Dave and his deputy defected to APC in 2020 from PDP on whose platform they were elected into office in the 2015 and 2019.

Federal High Court Abuja noted that the crux of the matter was the defection of the 3rd and 4th defendants from the PDP to the APC.

The Judge stated that they did not address the issue of defection rightly and frontally but rather resorted to general denial to affidavit evidence.

According to Justice Ekwo, he said that in their rebuttal affidavit, the defendants were “evasive and insufficient” in challenging the Plaintiff’s originating process,

The court determined that section 308 of the Constitution’s “Immunity Clause” is not absolute.

“Section 308 is a veritable constitutional shield” and not for political purposes, the court stated.

Justice Inyang Ekwo’s Verdict

Mr. Dave and Igwe, according to Justice Inyang, did not refute the assertion that the total votes cast in an election belong to a political party.

Justice Inyang stated that there was enough evidence to show that the 2nd defendant (APC) contested the Ebonyi State Governorship election in March 2019, with its own candidates.

“It can be noted that the Constitution does not deal with the issue of defection lightly,” the court stated.

“The 3rd and 4th defendants cannot transfer the votes and victory of the Plaintiff on March 9, 2019, to the APC.” 

He said that the office of the Governor and Deputy Governor of Ebonyi state belongs to the PDP party.

“Mr Dave and Igwe have the option of vacating office and waiting until the next election to run on the platform of their new party,” the court declared.

According to the court, the APC’s, Umahi’s, and his deputy’s actions are intended at overturning the 1999 Constitution.

As a result, the court determined that, under Nigeria’s democratic system.

The plaintiff received the majority of votes during the election and is allowed to continue until the conclusion of the term of office for which the election was held.