Follow Us on Google
From Godwin Tsa, Abuja
The Abuja division of the Federal High Court has sacked 16 members of the Ebonyi State House of Assembly that defected from the Peoples Democratic Party, PDP, to the ruling All Progressives Congress (APC).
The affected lawmakers had on November 17, 2020, joined Governor David Umahi and his Deputy, Dr Eric Kelechi Igwe, to move over to the APC.
Justice Inyang Ekwo in his judgment held that the lawmakers, having abandoned the political party that sponsored them, could not transfer the mandate they obtained from the ballot to another political party.
Related: BREAKING: Court sacks Umahi, Kelechi as Ebonyi governor, deputy
He held that the Defendants who became members of House of Assembly on the platform of the PDP, could not justify their defection when there was no division in the PDP.
Justice Ekwo further held that section 109(1) (g) of the 1999 Constitution was purposely couched to ensure that defectors were not allowed to retain their seats in the House unless such defectors are able to justify their actions.
The court held that the case PDP brought against them succeeded.
Consequently, it ordered the lawmakers to immediately vacate their positions, even as it restrained them from further parading themselves or acting as members of the Ebonyi State House of Assembly.
The court also made an order of mandatory injunction compelling the Independent National Electoral Commission (INEC) to accept from the PDP, a list of its candidates to replace the sacked lawmakers, as well as to issue Certificate of Return to them.
Alternately, the court directed INEC to within 90 days, conduct a fresh election in Ebonyi State to fill up the vacant positions.
