TUE 08 MARCH, 2022-theGBJournal- A Federal High sitting in Abuja today delivered what is viewed as a ‘’stunning judgement’’ against the sitting governor of Ebonyi State Dave Umahi, effectively sacking him from office after three years in office.
The judgement, the outcome of a suit filed by Nigeria’s biggest opposition party, the Peoples Democratic Party (PDP), follows the defection of Umahi from PDP to the ruling All Progressives Congress (APC).
The court ruled in the judgement delivered by Justice Inyang Ekwo, that the total number of 393, 042 votes Umahi secured during the March 19, 2019 governorship election in Ebonyi, squarely belongs to a party, the PDP, and should not be legally transferred to the APC. In other words, it is not Umahi that the people voted for but the party, in this case the PDP.
The court clarified that since Umahi defected to APC, both Umahi and his deputy, not only jettisoned PDP, also the votes belonging to the PDP.
The court emphasised that ‘’there is no constitutional provision that made the ballot transferable from one party to the other,’’ and that the PDP are bound to retain the votes and mandate that was given to it by the electorates in Ebonyi State, as both Umahi and his deputy could not validly transfer same to APC.
The court consequently ordered both Umahi and his deputy to ‘’immediately vacate their positions as governor and deputy governor of Ebonyi State, and ordered the Independent National Electoral Commission (INEC) to immediately receive from PDP, names and persons as replacement for Umahi and his deputy or conduct fresh election in the State in line with section 177 (c) of the 1999 Constitution as amended.
Meanwhile, Justice Inyang Ekwo also ordered that 16 lawmakers from the State who defected from the PDP to APC should vacate their seats.
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