The Court of Appeal, Abuja division, has set aside the judgment of the Federal High Court, Abuja sacking Ebonyi State Governor, David Umahi and his deputy, Dr. Eric Kelechi Igwe for defecting from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Justice Inyang Ekwo, had in his judgment delivered on March 8, 2022 held that the total number of 393, 042 votes governor Umahi secured during the March 9, 2019 governorship election in Ebonyi state, belonged to the PDP and same could not be legally transferred to the APC.
The Appeal Court in its judgement on Friday, held that the 1999 Constitution did not provide any punishment for a governor or deputy governor who defected from the party on which platform he/she got to office.
Justice Haruna Tsanami, in the lead judgment of the appellate court held that the only option opened to a political party, aggrieved by the defection of a governor or deputy governor, is to explore the impeachment option provided in the Constitution.
The Court of Appeal in Abuja aligned with an earlier decision on the same issue given by the court’s Enugu division.
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