Ebonyi State Governor Dave Umahi and his deputy, Eric Kelechi Igwe, have appealed the Federal High Court judgement that sacked them from office.
In Suit No: FHC/ABJ/CS/920/2021, filed before the Court of Appeal on Wednesday, Umahi and his deputy said the Federal High Court erred in a number of grounds it relied upon during its ruling on the matter.
The Appellants said the court said that it had “not seen any authority which propounds that where Governor or Deputy Governor defects his political party on which platform he was elected into office, he cannot be sued by that political party to reclaim its mandate.
“The Hon trial court was virtually setting aside the Supreme court of Nigeria’s decision in AG Federation v. Atiku Abubakar & 3 ORS (2007) LCN/3799(SC)to the effect that there are no constitutional provisions prohibiting President or vice and invariably the Governor and or deputy Governor from defecting to another Political Party.
“The provisions of section 308 are specific Notwithstanding anything to the contrary in this Constitution, but subject to subsection (2) of this section, no civil or criminal proceedings shall be instituted or continued against 3rd and 4th Appellants during their mandate in office as Governor and Deputy Governor respectively
“The Respondent’s cause of action at the court below was defection of the Appellants from the PDP on which platform they were voted into office to the APC.
“There is no provision of the 1999 Constitution (as amended) that provides for the removal of 3rd and 4th Appellants as sitting Governor and Deputy Governor respectively of Ebonyi State for reason of defection.”
