Justice Inyang Ekwo of the Federal High Court in Abuja today fired Governor David Umahi of Ebonyi State and his Deputy, Dr Eric Kelechi Igwe, following their defection from the Peoples Democratic Party, (PDP), to the ruling All Progressive Congress, (APC).
The judge ruled that governor Umahi's total of 393, 042 votes cast in the Ebonyi state governorship election on March 9, 2019 belonged to the PDP and could not be legitimately transferred to the APC.
According to the court, when Umahi and his deputy switched to the APC, they not only abandoned the PDP, but also the votes that belonged to it.
The court found that the gubernatorial and deputy governorship offices in Ebonyi state "belong to the Plaintiff and no other political party" based on the results of the governorship election.
"There is no provision in the Constitution that allows a ballot to be transferred from one political party to another."
The court ruled that the PDP is obligated to keep the votes and mandate given to it by Ebonyi voters because governor Umahi and his deputy were unable to validly transfer them to the APC.
The court therefore ordered that both Umahi and Igwe vacate their positions immediately, and that the Independent National Electoral Commission, INEC, receive names of persons to replace Umahi and his Deputy from the PDP, or, in the alternative, hold a fresh gubernatorial election in Ebonyi state in accordance with section 177(c) of the 1999 Constitution, as amended.
The court also barred Umahi and Igwe from claiming to be the governor or deputy governor of Ebonyi state in the future. The ruling came after the PDP filed a lawsuit in court.
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