A federal high court in Abuja has dismissed a suit seeking
the removal of Ben Ayade as Cross River governor.
The PDP had taken Ayade to court to seek an order directing
him and his deputy, Ivara Esu, to vacate office over their defection to the All
Progressives Congress (APC).
Ayade 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.
In the suit, the PDP prayed 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”.
Delivering his judgment on Thursday, Taiwo Taiwo, the
presiding judge, held that defection is not an offence in the Nigerian
constitution.
The judge cited the recent Enugu court of appeal judgement
which refused to sack David Umahi as Ebonyi state governor.
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