Defection: Federal High Court Refuses to Sack Ben Ayade, Deputy
- Governor Ben Ayade has gotten a reprieve from the Federal High Court over the suit against him concerning his defection
- The court has failed to sack the Cross River state governor and his deputy from office as demanded by the PDP
- Interestingly, the presiding judge in the case stated that the movement of the duo from one party to another is immoral
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FCT, Abuja - A Federal High Court in Abuja has refused to remove Governor Ben Ayade of Cross River state and his deputy, Professor Ivara Esu, over their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC)
Justice Taiwo Taiwo, on Thursday, April 7 held that the constitution did not make provision for the removal of a governor, deputy or president, and vice president who defects to another political party.
Source: Twitter
The PDP had through its counsel, Emmanuel Ukala (SAN), contended that the governor and his deputy cannot transfer the votes cast for them in the party to the APC.
But APC counsel, Mike Ozekhome (SAN), asked the high court to dismiss the suit as it lacks the powers to sack a defecting governor and his deputy.
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He said the decisions of the Supreme Court in Atiku’s case have settled the matter.
Justice Taiwo agreed with the submission that defection was immoral but held that there was no constitutional provision to vacate their seats as applicable to lawmakers in Section 68(g) of the Nigerian Constitution.
The court had earlier ordered 20 lawmakers, comprising 18 members of the Cross River State House of Assembly and two members of the House of Representatives, to vacate their seats following their defection from the PDP to the APC alongside the governor.
Ayade retains administrative power as court delays judgment in defection case
Legit.ng had earlier reported that the case was already working in favour of Governor Ayade as the judgment was put on hold.
Justice Taiwo made the decision on Wednesday, April 6 following a point of observation by the Ozekhome.
Ozekhome had issued a letter to the judge that contained a careful consideration of judicial precedence in the appellate court in Enugu state.
No regrets for joining APC - Gov Ben Ayade
On his part, Governor Ayade had earlier stated that he does not regret decamping from the PDP to the APC.
The governor also expressed optimism that he will retain his seat as governor despite the suit filed by the PDP.
Ayade, who emerged as governor under the PDP had defected to the APC with majority of his political appointees, supporters, and lawmakers.
Source: Legit.ng
