Michael Onwuka, Enugu.
The Court of Appeal, Enugu Division on Friday dismissed an appeal seeking to remove Gov. Dave Umahi of Ebonyi and his deputy Mr. Kelechi Igwe from office.
In a lead judgment delivered by Justice J. O. K. Oyewole, the court held that the appellants, Sen. Sonni Ogbuoji and Mbam Ogodo, had no locus in their bid to supplant the respondents.
Oyewole said that though the defection of the governor and his deputy from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) might appear immoral but the constitution did not provide for their removal from office.
“Defection of elected executives is not novel in our political system but their removal must be in accordance with the constitution.
“The defection might appear immoral but they have freedom of association,” he said.
The judge said that there were no express constitutional provisions for consequences on the defection of a governor or deputy governor to another party.
He said that it was not the duty of the court to start making laws or insert words in the express provision of the constitution
Ikengaonline reports that the appellants were governorship candidate and running mate respectively of the APC in the 2019 governorship election in the state.
The respondents were governorship candidate and running mate of the PDP, respectively in the same election.
However, the respondents sometime in 2020, defected to the APC.
The respondents through their counsel, Mr. Ogbonnaya Okolie, approached the State High Court in Abakaliki and sought for their removal on the grounds that they abandoned the platform on which they won their election.
The respondents averred that Umahi and Igwe who were sponsored by the PDP in the election, by their actions, abandoned their seats and vote.
They sought the leave of the court to make declarations that would enable them replace the respondents as governor and deputy governor, respectively.
However, the trial court dismissed their case for lacking of merit.
