The Federal High Court sitting in Abuja, has sacked Ebony State Governor, David Umahi and his Deputy, Eric Kelechi Igwe, for defecting from the Peoples Democratic Party, PDP, to the ruling All Progressive Congress, APC.
Delivering a judgment on a suit filed by PDP against the defection, Justice Inyang Ekwo held that the total number of votes, 393,042 Governor Umahi secured during the March 9, 2019 governorship election in Ebonyi state belongs to the PDP as same could not be 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 belongs to it.
It held that going by the outcome of the governorship election, the office of the governor and deputy governor in Ebonyi state belongs to the Plaintiff and not to any other political party.
The judge also held that there was no constitutional provision that made the ballot transferrable from one party to the other legal as such PDP is bound to retain the votes and mandate that was given by the electorates in Ebonyi state as both governor Umahi and his Deputy could not validly transfer same to APC.
The court however, ordered both Umahi and his deputy to immediately vacate their positions.
Justice Egwo also use the ruling to ordered the Independent National Electoral Commission, INEC, to immediately receive from the PDP, names of persons to replace Umahi and his Deputy, or in the alternative, conduct fresh gubernatorial election in Ebonyi state in line with section 177(c) of the 1999 Constitution, as amended.
The court further restraining both Umahi and Igwe from further parading themselves as governor or deputy governor of Ebonyi state.
