The Court of Appeal sitting in Enugu has on Friday dismissed judgement seeking Governor Dave Umahi and his Deputy to vacate office as Governor and deputy governor of Ebonyi State.
The judge also declared such judgement as unconstitutional and added that the judgement of the lower court is of no effect, thereby awarding a cash reward.
True Blue Reporters recalls that Justice Inyang Ekwo of the Federal High Court sitting in Abuja, had on March 8, sacked Governor David Umahi of Ebonyi State and his Deputy, Dr Eric Kelechi Igwe, following their defection from the Peoples Democratic Party, PDP, to the ruling All Progressive Congress, APC.
The judge held that the total number of 393, 042 votes governor Umahi polled during the March 9, 2019 governorship election in Ebonyi state, belonged to the PDP and cannot be legally transferred to the APC.
According to the court, having defected to the APC, both Umahi and his deputy, not only jettisoned the PDP but also the votes that belonged to it. The court ruled that going by the outcome of the governorship election, the office of the governor and deputy governor in Ebonyi state, “belong to the Plaintiff and no other political party”.
“There is no constitutional provision that made the ballot transferrable from one party to the other”.
It held that the PDP is bound to retain the votes and mandate that was given to it by electorates in Ebonyi state, as both governor Umahi and his Deputy could not validly transfer same to APC.
The court, therefore, ordered both Umahi and Igwe to immediately vacate their positions and that the Independent National Electoral Commission, INEC, should immediately receive from the PDP, names of persons to replace Umahi and his Deputy, or in the alternative, conduct a fresh gubernatorial election in Ebonyi state in line with section 177(c) of the 1999 Constitution, as amended.
The court further restrained both Umahi and Igwe from further parading themselves as governor or deputy governor of Ebonyi state.
The judgement followed a suit the PDP lodged before the court.