Appeal Court, Enugu Division, on Friday upheld the judgment of Ebonyi High Court, Abakaliki, which quashed a suit challenging the defection of Governor David Umahi and his Deputy, Kelechi Igwe from the PDP to the ruling All Progressives Congress.
The Appeal court in a unanimous judgment delivered by Justice A. O. Belgore held that Umahi and his deputy have the right to move to any political party they so wish.
According to the court, there is nowhere in the constitution, which is the supreme law of the land, where a sitting governor is barred from defecting to another political party.
Other members of the three-man panel of Justices are Justice J. O. K. Oyewole and Justice S. N. Gbagi.
Umahi and his deputy had in November 2020 dumped the PDP, the platform on which they were elected for the APC, citing injustice by the PDP against the South-East zone.
Consequently, Senator Suny Ogbuoji and his running mate, Mr Justin Mbam Ogodo, governorship candidates of the APC in 2019, had approached Ebonyi State High Court to sack Umahi and Igwe, on the argument that, the governor and his deputy having defected to the APC from the PDP, ought to vacate the office.
But the state High Court presided over by Justice Henry Njoku,
dismissed the suit for lacking in merit.
Not satisfied with the ruling Ogbuoji and Ogodo, on March 7, 2022, filed an appeal against the judgment, at the Enugu judicial division of the Appeal Court.
They were, however, defeated as the
Appeal Court affirmed the ruling of the Abakaliki High Court and awarded the sum of N200,000 against the appellants.
