Politics
Relief for Gov Umahi, dep, as Appeal Court dismisses suit challenging their defection
The Court of Appeal Enugu Division, on Friday, held that Governor David Umahi and his deputy, Dr Kelechi Igwe, had the right to move to any political party they so wished.
According to the appellate court, there was no section in the constitution, the supreme law of the land, that barred a sitting governor from changing his political party.
The court, therefore, dismissed the appeal filed by Senator Sonni Ogbuoji and Mbam Ogodo, seeking to remove the governor and his deputy, for lack of merit.
Justice J.O.K. Oyewole, who delivered the lead judgment, held that the appellants lacked locus standi in their bid to supplant the respondents.
Oyewole said although the defection of the governor and his deputy from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) might appear immoral, the constitution did not provide for their removal from office based on defection.
READ ALSO: INEC to decide on court’s ruling against Umahi next week
He said: “Defection of elected executives is not novel in our political system but their removal must be in accordance with the constitution.
“The defection might appear immoral but they have freedom of association.”
The judge said that there were no express constitutional provisions for consequences on the defection of a governor or deputy governor to another party.
He stressed that it was not the duty of the court to start making laws or inserting words in the express provision of the constitution.
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