Governor Umahi’s Defection is Immoral But Not Unconstitutional in Nigeria – Appeal Court Rules

The Appeal Court sitting in Enugu has upheld the ruling of Ebonyi State High Court which held that the Ebonyi State governor Dave Umahi and his deputy, Kelechi Igwe, did not violate any section of the constitution when they defected from People’s Democratic Party (PDP) to the ruling All Progressive Congress (APC).

The duo has been under intense legal battle with aggrieved members of both APC and PDP over their defection. The Plaintiffs are the candidate of the All Progressives Congress, APC, Ebonyi State, in the 2019 Governorship election, Senator Sonni Ogbuoji and his Deputy, Chief Justin Ogbodo Mbam.

Upholding the trial court’s judgment on Friday, the Appeal Court held that although the defendants’ decision to defect seems immoral, there was no consequence under the law against the defection of the holder of the office of the President, Vice President, Governor or Deputy Governor, to another political party from the party that sponsored the election that brought him or her to office.

A Federal High Court sitting in Abakaliki, the Ebonyi State capital, had on Tuesday, February 28, 2022, struck out the same suit and awarded N500, 000 as damages against the plaintiff.

In the judgment of the Appellate Court, the three-man panel led by Justice J O K Oyowole held unanimously that the defection of a political office holder may appear immoral, but it was not the duty of the Court to embark on an investigation or probe into the provisions of the laws, warning that judicial activism must not be turned into judicial rascality. The Panel also acknowledged that the defection of an office holder is not novel to Nigeria’s judicial jurisprudence.

According to the ruling, there was no provision in sections 180, 188 or 189 of the 1999 constitution as amended, that empowered the Court to remove either a seating Governor or the Deputy from office. Consequently, the Appellate Court dismissed the appeal and awarded two hundred thousand (N200,000) naira against Senator Sonni Ogbuoji and his Deputy, Chief Justin Ogbodo Mbam.

Reacting to the judgment, Counsel to the Defendants, Barrister Roy O. U Nweze said it will be a reference point all over the country.

Dave Umahi and his deputy were last month sacked by Abuja Federal High Court presided by Justice Inyang Ekwo, for defecting to the opposition party APC. The Court held that political parties under which an individual contests an election owns the votes casted.

The Appeal Court ruling has thus deepened the controversy that has accompanied the matter. Legal experts are divided over the matter. Citing previous cases, some have supported the ruling while others have kicked against it. While the Appeal Court judgment may serve as a precedent, the matter will likely end up in the Supreme Court for final ruling. However, the judgment has once again exposed the inconsistencies of the Nigerian judiciary.