Governor Umahi and his Deputy had in November 2020 left the PDP, a platform they were elected to the APC, citing injustice by the PDP against the South-East zone.
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The suit which was filed by Senator Suny Ogbuoji and his running mate, Mr. Justin Mbam Ogodo, the governorship flag bearers of the APC in 2019 in Ebonyi State, had through originating summons asked the Court to hold that the defendant, Governor Umahi, having defected to the APC from the PDP, ought to vacate the office so that they would be sworn-in having come second in the election. Information Guide Nigeria
But Justice Henry Njoku of the Ebonyi State High Court dismissed the suit for lacking in merit, INDEPENDENT NEWS reports.
Njoku ruled that having regard to section 188 (1) of the 1999 Constitution as amended, the defendants, Governor Umahi and Deputy, had not offended any provision of the Constitution or the Electoral Act in defecting to the APC. jamb results
The High Court further held that having regard to section 308 of the Constitution, it was even wrong to institute criminal or civil proceedings against the office of the Governor or Deputy Governor.
Dissatisfied with the judgement, the plaintiffs, Mr Suny Ogbuoji and his running mate, Justin Mbam Ogodo, on 7th March 2022, filed an appeal against the judgement, at the Enugu judicial division of the Appeal Court.
But the Appeal Court on Friday affirmed the ruling of the Abakaliki High Court, saying, Governor Umahi and his deputy did not offend any provision of the constitution or the Electoral Act, as there is no consequence under the law against the defection of the holder of the office of the President, Vice President, Governor or Deputy Governor, to another political party from the party that sponsored the election that brought him or her to office.
The Appellate Court in a unanimous judgement delivered by a three-man panel led by Justice J O K Oyowole held that the defection of a political office holder may appear immoral, but it was not the duty of the Court to embark on an investigation or probe into the provisions of the laws, warning that judicial activism must not be turned into judicial rascality.
The Appellate Court further held that there is no provision in sections 180, 188 or 189 of the 1999 constitution as amended, that empowers the Court to remove either a seating governor or the deputy.
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