The Federal High Court, Abuja has dismissed the suit against Cross Rivers State Governor Ben Ayade and his Deputy, Ivara Esu following their defection to the All Progressive Congress (APC).
People’s Democratic Party (PDP) had in a suit marked FHC/ABJ/CS/975/2021, prayed the court to sack Ayade and his deputy, over their defection from the party.
PDP had contended that the duo, having abandoned the political party that brought them into power, ought to vacate their offices.
However, in his judgement on Thursday, Justice Taiwo Taiwo held that Ayade and his deputy could not be sacked from their positions.
He said that the duo can only be sacked from office through statutory procedures that were stipulated in sections 180, 188 and 189 of the 1999 Constitution, as amended.
He, however, agreed that defection is immoral and condemnable, noting that votes belonged to political parties and it was improper for an elected governor to move such votes to a party that lost in the same election.
Justice Taiwo further held that since defection is not one of the constitutional provisions to remove any governor, no court has the power to insert such into the Supreme Law.
“The 3rd and 4th Defendant cannot be removed except by Constitutional provision. This court has no power to declare vacant the seat of the 3rd and 4th Defendants,’ Justice Taiwo maintained.
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