A lawsuit seeking the removal of Ben Ayade as Cross River Governor has been dismissed by the Federal High Court sitting in Abuja.
Ayade who was elected on the platform of the PDP in 2015 and 2019, but defected to the APC on May 20, 2021, along with his deputy, was dragged to court by the opposition party which requested that they vacate office.
The PDP had asked the court for “a declaration that in view of the provisions of section 221 of the Constitution of the federal republic of Nigeria, 1999 (as amended) and the democratic system of governance operated in Nigeria, votes at the election and elections are won by political parties and not their candidate or the candidates sponsored at the election by the political parties”.
Justice Taiwo Taiwo in his judgement, held that defection is not an offence in the Nigerian constitution.
The court, in a judgement that was delivered by Justice Taiwo Taiwo, held that the duo could not be sacked from their positions, other than through statutory procedures that were stipulated in sections 180, 188 and 189 of the 1999 Constitution, as amended.
“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 Ekwo held.
He also cited the Enugu court of appeal judgement which refused to sack David Umahi as governor as a precedent.
