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FEDERAL HIGH COURT BOWS TO APPEAL COURT DECISION, REFUSES TO SACK GOV AYADE OVER DEFECTION

FEDERAL HIGH COURT BOWS TO APPEAL COURT DECISION, REFUSES TO SACK GOV AYADE OVER DEFECTION

 

In  adherence to judicial precedence,  the Federal High  Court sitting in Abuja has  cautioned itself by refusing  to declare vacant the seats  of the Cross River State Governor  Ben Ayade and his deputy over their  defection from People’s Democratic Party to the ruling  All Progressives Congress.

 

Citing the verdict  of the Court of Appeal Enugu division, the trial judge Justice Taiwo Taiwo departed from his earlier judgment and held on to the decision of the Court of Appeal on April 1, 2022 to the effect that defection is not an offence under the country’s  constitution.

 

The court  held that governors and their deputies can only be removed from office in line with sections 180, 188 and 189 of the Constitution of the Federal Republic of Nigeria  which stipulated that elective office holders can only be removed from office on account of death, resignation or impeachment.

 

Justice Taiwo  Taiwo said that since defection is not one of the offences provided for in the constitution, no court has power to insert such into the grundnorm.

In an  orbiter, Justice Taiwo  however agreed that defection from a winning party to a losing one is immoral and improper.

 

 

 

 

 

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