A Federal High Court in Abuja on Tuesday ordered Ebonyi Governor Dave Umahi and his Deputy, Eric Kelechi Igwe, to vacate their positions immediately, saying the duo illegally defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
In a judgement that was delivered by Justice Inyang Ekwo, the Court held that the total number of 393,042 votes that was secured by Governor Umahi during the March 9, 2019 governorship election in Ebonyi state, belonged to the PDP and same could not be legally transferred to the APC.
Umahi and Igwe are deemed to have resigned their positions after defecting from the party on which they won the election, according to Justice Inyang Ekwo’s ruling.
The Independent National Electoral Commission (INEC) was ordered by Justice Ekwo to accept the names of PDP members who vied against the duo to replace Umahi and Igwe and serve out the remainder of their terms, or to hold a fresh election to replace Umahi and Igwe.
The judge, among other things, barred Umahi and Igwe from presenting themselves as the Governor and Deputy Governor of Ebonyi State in the future. The ruling was based on the PDP’s lawsuit, which named INEC, APC, Umahi, and Igwe as defendants.
According to the court, having defected to the APC, both Umahi and his deputy, not only jettisoned the PDP, but also the votes that belonged to it.
It held that going by the outcome of the governorship election, the office of the governor and deputy governor in Ebonyi state, “belong to the Plaintiff and no other political party.
“There is no constitutional provision that made the ballot transferrable from one party to the other.”
It held that the PDP was bound to retain the votes and mandate that was given to it by electorate in Ebonyi State, as both governor Umahi and his Deputy could not validly transfer same to APC.
The court, therefore, ordered both Umahi and Igwe to immediately vacate their positions.
The judgement followed a suit the PDP lodged before the court.
