Defection: No provision to sack Gov Ayade, deputy – Court

A federal high court in Abuja has refused to remove Governor Ben Ayade of Cross River State and his deputy, Professor Ivara Esu, over their defection.

Justice Taiwo Taiwo, Thursday, held that the constitution did not make provision for the removal of a governor, deputy or president and vice president who defected to another political party.

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The PDP had through its counsel, Emmanuel Ukala (SAN), contended that the governor and his deputy could not transfer the votes cast for them in the party to the APC.

But APC counsel, Mike Ozekhome (SAN), asked the court to dismiss the suit as it lacked the powers to sack a defecting governor and his deputy.

Ozekhome said the decision of the Supreme Court in Atiku vs FG (2007) 10 NWLR (Pt.1041) 1, 29 settled the matter.

Justice Taiwo agreed with the submission that defection was “immoral and improper”, but held that there was no constitutional provision to vacate their seats as applicable to lawmakers in Section 68(1) (g) of the Nigerian constitution.

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