By Stanley Ekpenyong, Calabar
Respite, Thursday, came the way of Cross River State Governor, Profressor Ben Ayade as a Federal High Court sitting in Abuja dismissed the suit the Peoples Democratic Party, PDP, filed to declare his seat and that of his Deputy, Professor Ivara Esu, vacant, following their defection to the ruling All Progressive Congress, APC.
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
According to the court, defection to another political party was not stated as one of the grounds for the removal of either a Governor or his Deputy.
“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 Taiwo held.
PDP had in its suit marked FHC/ABJ/CS/975/2021, prayed the court to sack both Ayade and his deputy, contending that the duo, having abandoned the political party that sponsored their re-election, ought to vacate their respective offices.
Earlier, an FCT Federal High Court presided over by Justice Inyang Ekwo, had on March 8, 2022, sacked Ebonyi state Governor, Engr. Dave Umahi and his Deputy, Kelechi Igwe, for defecting from the PDP to the APC.
Ayade and his Deputy defected to the APC on May 20, 2021.
