The Appeal Court sitting in Enugu State has affirmed the judgement of Ebonyi High Court, Abakaliki which dismissed a suit challenging the defection of Governor David Umahi and his deputy, Kelechi Igwe to the All Progressives Congress.
Governor Umahi and his Deputy had on November 2020 left the PDP, a platform on which they were elected to the APC, citing injustice by the PDP against the South East geo-political zone of the country.
Following their defection, the candidate of the APC in the 2019 governorship election, Senator Sonni Ogbuoji and his running mate, Justin Mbam approached an Ebonyi High Court seeking the sack of the Governor and his Deputy.
The plaintiffs prayed the Court to declare the seats of Umahi and Igwe vacant on account of their defection from the PDP to the APC.
Ogbuoji and Mbam also demanded the court to order that they be sworn-in immediately as Governor and Deputy having emerged second in the said election.
The Appeal Court in a unanimous judgement delivered by Justice A. O Belgore, held that Governor Umahi and his deputy had the right to move to any political party, adding that there was no provision in the constitution that barred a sitting governor from defecting to any political party.
The Appellate Court further held that it was not the duty of the court to embark on investigation into the provisions of the laws, adding that there was no provision in the constitution that empowered the court to remove either a sitting governor or the deputy.