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Court dismisses suit seeking to remove Gov Ayade from office for dumping PDP

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The Federal High Court, Abuja on Thursday dismissed a suit seeking to remove Governor Ben Ayade from office for defecting from the Peoples Democratic Party (PDP).

Justice Taiwo Taiwo referenced an Enugu Court of Appeal decision that stated that defection is not a reason for removal from office.

The dismissal of a sitting governor and his deputy can only be done in accordance with constitutional laws, according to the judge.

He cited the Constitution’s sections 180, 188, and 189, which stated that they may only be removed from office due to death, resignation, or impeachment.

READ ALSO: If the APC finds me worthy to run for President, I won’t say no —Gov Ayade

He went on to say that the judiciary would be powerless to remove an elected official under such laws.

“The 3rd and 4th Defendant cannot be removed except by Constitutional provision.

“This court has no power to declare vacant the seat of the 3rd and 4th Defendants”, Justice Ekwo held.

Justice Taiwo, however, agreed that defection from a winning party to a losing one is immoral and improper.

In May 2021, Ayade switched from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), citing the appeal of working with President Muhammadu Buhari.

The PDP then sued Ayade and his deputy, Professor Ivara Esu, claiming that they had abandoned the political party that had backed their re-election.

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