This development came on grounds that the Peoples Democratic Party (PDP) won the election in March 2019 and not its candidate, Daily Dates Nigeria reports.

Citing section 221 of the constitution, Justice Inyang Ekwo ordered the PDP to immediately send names of replacements to INEC so that fresh elections can be conducted. Having defected to the All Progressives Congress (APC), Governor Umahi and his deputy cannot transfer the mandate of the PDP to the APC.

Justice Ekwo also ordered the Independent National Electoral Commission (INEC) to cease recognizing Umahi and Igwe as the Governor and Deputy governor of the Ebonyi State.

Delivering judgment in the case, the presiding judge, Justice ordered the governor and his deputy to vacate office, adding that their defection was illegal, null, and unconstitutional.

He ordered INEC to receive names of candidates from the PDP to replace Umahi and Igwe.

The governor and his deputy defected from the PDP on whose platform they were elected into office in the 2015 and 2019 general elections to the APC.

Determined to reclaim its mandate, the PDP sued the Umahi, Igwe, the APC and INEC.

The court noted that the crux of the matter was the defection of the 3rd and 4th from the PDP to the APC, adding that the averments of the 3rd and 4th Defendants did not address the issue of defection rightly and frontally but rather resorted to general denial to affidavit evidence.

Justice Ekwo said the depositions of the 3rd and 4th Defendants in their counter affidavit were “evasive and insufficient” to competently challenge the Plaintiff’s originating process.

It was the opinion of the court that the “Immunity Clause” in section 308 of the Constitution is not absolute.

The court ruled that “Section 308 is a veritable constitutional shield” and not for political reasons.

Justice Inyang said Umahi and Igwe did not controvert the deposition that total votes scored in an election belong to a political party.

He stated that evidence abounds that the 2nd defendant (APC) contested the Ebonyi State Governorship election held in March 2019, with its own candidates.

“It can be noted that the Constitution does not deal with the issue of defection lightly,” the court stated.

“The 3rd and 4th Defendants cannot transfer the votes and victory of the Plaintiff on March 9, 2019, to the APC.  Office of the Governor and Deputy Governor of Ebonyi state belongs to the PDP.

“The option for Umahi and Igwe is to vacate office and wait for next election to contest election under the platform of its new party,” the court declared.

The court said the act of the APC, Umahi and his deputy is aimed at dismantling the 1999 Constitution.

Consequently, the court declared that under the democratic system operated in Nigeria, the plaintiff won the majority of votes during the election and is entitled to enjoy same till end of tenure of office for which the election was made.

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Dave Umahi had defected from the People’s Democratic Party (PDP) to the All Progressives Congress (APC) in November 2020.

Fani-Kayode while speaking to journalists after he was presented to President Muhammadu Buhari by the APC caretaker chairman, Mai Mala Buni, at the Presidential Villa, Abuja, FCT.

Fani-Kayode had hinted at the possibility of the governors of Bauchi, Enugu and Oyo States dumping the PDP and joining him in the APC.

In response to a question as to whether he had friends from the PDP following him into the APC, the ex-minister had said, “There are many people. If you ask my friend and brother, Governor Matawalle here, there are many people within the PDP, who do want to come over to the APC.

”I can tell you that. I was there and very instrumental when Governor Umahi joined the APC.

“I was there and very instrumental when Governor Ayade did the same thing. I was there and very instrumental when my friend and brother governor of Zamfara, Governor Matawale did the same thing.

“Now, if you don’t mind me mentioning names, somebody like the governor of Enugu State, the governor of Oyo State, and of course, my good friend, the governor of Bauchi State, great friends of mine, and I sincerely hope that they too may end up coming in this direction.”

Umahi, on Friday, when he spoke on Channels Television’s ‘Sunrise Daily’ breakfast programme described as an insult, claim by Fani-Kayode that he was instrumental in his defection last year.

Umahi said Fani-Kayode must withdraw his statement, adding that the ex-minister was “never” part of the discussions that led to his defection.

He said, “He [Fani-Kayode] needs to withdraw that statement. He is my good friend but it was an insult on my person and the other governors. The man did not know when I moved but incidentally, he visited me and we discussed and he said he was coming to join me with other governors to declare.

“How would somebody in PDP be instrumental to my moving, a whole governor of a state, not even a small governor – an experienced governor.

“So, he has to withdraw the statement; he was never part of any discussion of my movement. I moved the South-East to the centre of administration; I moved to close the gap between the centre and South-East which our forefathers like Nnamdi Azikwe fought for.

“So, for somebody to say that a whole Chairman of South-East Governors’ Forum, he was instrumental to that, it is an insult on my person and with all due respect, he has to withdraw that statement.

“He remains my friend but he played no role in my movement and I am sure he did not play any role in the movement of others.”

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