Godwin Okeh, Abakaliki

A High court sitting in Abakaliki capital of Ebonyi state on Monday dismissed a suit seeking for governor David Umahi’s removal from the office for dumping the opposition party, Peoples Democratic Party, PDP, to the ruling All Progressive Congress, APC in Ebonyi state.

The suit filled by Sen. Sunny OgbuOrji and his running mate who are the governorship candidate of the All Progressive Congress, APC in 2019, against governor David Umahi who defected from the Peoples Democratic Party, PDP, to APC.
Delivering his judgment, the Presiding Judge, Justice Henry Njoku, stated that the plaintiff came by originating summons seeking the Court to hold that the defendant, Governor of Ebonyi State, having defected to APC from the Party through which he was elected ought to vacate the office of the Governor upon defection and that the plaintiff having come second in the 2019 election be sworn in instead. 
Though the plaintiff did not come through relevant rules of Court to institute their originating summons, the Court still went ahead in the interest of substantive justice to hear the matter of the propriety of the defection of Governor Umahi from PDP to APC 
Justice Njoku dismissed the suit for lacking in merit and awarded the sum of N500,000 against the Plaintiff, Sen. Ogbuorji and his running mate.
The Plaintiff, OgbuOrji is seeking for the removal of governor David Umahi from office for abandoning the Peoples Democratic Party, PDP, whose platform he (Umahi and his deputy, kelechi Igwe) won the 2019 general election.
Sen. Ogbuorji argued that hence the governor David Umahi defected to the ruling All Progressive Congress, APC, on mach 17 2021, and abandoned the votes and political party, Peoples Democratic Party, PDP, whose platform, the defendant won the 2019 general election as governor of Ebonyi state.
He added that there is no other person in PDP that came second in the election, that would takeover from the governor, hence he (Umahi) had abandoned the Victory won under PDP, and urged the court to withdrew Umahi’s victory and be given to him (Ogbuorji) who contested for governor under the platform of APC, and having come second in the 2019 general election.
Responding, the counsel to the defendant, Bar. Roy Nwaze commended the court for demising the suit, adding that: “There are corresponding provisions relating to governor and deputy governor. As far back as 2007, the supreme Court ruled that there are no consequences for a president and vice president defecting from one political party to another.
“It follows that when they say it applies to president and vice president, it also applies to governors and deputy governors. The summary is that a governor can quit his political party, even if it is a day after his swearing in, he can go to any political party. It attracts no legal consequences. 
“On account of the defection of the governor of Ebonyi State to the All Progressives Congress (APC), the man who came second after the election is of the view that if like the legislators who lose their seats after defecting to another political party other than the platform which they were elected . If they can vacate office, it should also follows that if a governor defects, the governor should vacate office like the legislators” he stated.
In a swift reaction, the counsel to Plaintiff, Ogbonnaya Okorie said: “We approached court to investigate the provision of the law visa-vis the defection of the Governor to APC,” Okorie said.
In a remark, the commissioner of information and state orientation, Mr Uchenna Orji said the dismissal of the said suit has forestall all distraction against the governor: “I happened to be in the court when the judgement was delivered that noted all the issues. And the issues has nothing to do with the defection of the governor to APC” he said.