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Abuja Court sacks Ebonyi governor, insists mandate belongs to PDP not APC

By Ezurike Ugochukwu

A Federal High Court sitting in Abuja the Federal Capitol Territory has sacked Ebonyi State Governor, Dave Umahi, and his Deputy, Dr Kelechi Igwe, declared their defection from the Peoples Democratic Party PDP to the All Progressives Congress (APC) as unlawful and unconstitutional.

Justice Inyang Ekwo in a judgment on Tuesday stated in clear terms that their defection was unlawful, unconstitutional, null and void and ordered them to immediately vacate their offices.

Added that Umahi and his deputy should stop with immediate effect from holding themselves out as Governor and Deputy Governor of Ebonyi State.

The votes that brought them to office according to the Judge belonged to the PDP as such they cannot continue to hold on to the votes having moved to APC and jettisoned the party that nominated them.

Justice Ekwo also held that the votes cast for PDP in the March 9, 2019 governorship election are not transferrable to the APC that failed in the election.

It held 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 Independent National Electoral Commission(INEC), was ordered by the court to 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 was in determinant to a suit lodged by the PDP before the court over the defection of the governor and his deputy.