Anthony Iwuoma
The Federal High Court in Abuja, has booted out Governor David Umahi of Ebonyi State and his deputy, Dr. Eric Kelechi Igwe, following their defection from the Peoples Democratic Party (PDP) to the ruling All Progressives Congress (APC).
Delivering judgement in a suit the PDP lodged before the court, Justice Inyang Ekwo, 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 could not be legally transferred to the APC.
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By defecting to the APC, the court held, Umahi and his deputy, has relinquished their membership of the PDP but also the votes belonging to the party, the true owners of the office of the governor and deputy governor in Ebonyi state, following the outcome of the governorship election in the state.
“There is no constitutional provision that made the ballot transferrable from one party to the other,” the learned judge ruled.
It held that the PDP is bound to retain the votes and mandate that was given to it by electorates in Ebonyi state, as Umahi and his Deputy could not validly transfer the same to the he APC.
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Therefore, the court ordered both Umahi and Igwe to immediately vacate their positions.
It further directed 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 also restrained Umahi and Igwe from further parading themselves as governor or deputy governor of Ebonyi state.
