A Federal High Court in Abuja, on Thursday, threw out the application seeking the declaration the governorship seat of Ben Ayade vacant over his defection from the Peoples Democratic Party, PDP, to the All Progressives Congress, APC. The court cited the new judgment of the Court of Appeal on defection.
Justice Taiwo Taiwo stepped down his earlier judgment on the matter and upheld the decision of the Court of Appeal delivered on April 1, to the effect that defection of a Governor and his Deputy is not an offence under the Nigerian Constitution.
The Judge held that governors and their deputies can only be removed from office in line with sections 180, 188 and 189 of the Constitution which stipulated that they can only be removed from office on account of death, resignation or impeachment.
He said the court lacks the power to sack the governor since defection is not one of the constitutional provisions.
He, however, clarified that moving from a winning party to a losing one is immoral and improper.
Details later…