Nweke was tortured to death by hoodlums suspected to be loyalists of a rival party on March 18, 2023, the day of the Governorship and House of Assembly Elections in the state.

The PDP ward chairman was killed at Umuezeokaoha community, in the Ezza North Local Government Area of the state while working as his party’s agent in the area.

The state police command, in a statement signed by its spokesperson, SP Onome Onovwakpoyeya, said the suspects confessed to the crime.

The statement read in part, “During the interrogation of the suspects, the first suspect, Leonard Kelechi Nwali, a Labour Party House of Assembly aspirant, Ezza North Constituency, confessed to hiring the assailants who were meant to torture the late Peter Nweke. However, he died in the process. According to him, the late Peter Nweke posed a threat to his political ambition, so he contacted one Akwasi of Umuezeoka, in Ezza North LGA, who spearheaded the torture that eventually resulted in the death of Mr Peter Nweke.

“The second suspect, Onyebuchi Chita, of Nkomoro community, in the same local government area, confessed to have brought in the killers from Nkomoro into Ogboji community, where Peter Nweke was killed.

“The third suspect, Aloke Obinna, of Ogboji community, confessed to have given his motorcycle to one Onyebuchi Chita for escape after the incident.

“While Ifeanyi Nwokpuku, the fourth suspect, of Ogboji community in Ezza North LGA, conspired with one Sampson Nweke, who pointed Peter Nweke out to the killers.”

Onovwakpoyeya said the suspects would be arraigned at the end of investigations.

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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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