Justice Taiwo Taiwo of the Federal High Court sitting in Abuja has adjourned till Thursday, April 7, 2022, to deliver judgment in a suit seeking the sack of Governor Ben Ayade of Cross River State and his deputy, Ivara Esu, over their defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).
The Judge who had earlier slated Wednesday to deliver the judgement asked lawyers in the matter to address him in a letter by the counsel to the governor, Chief Mike Ozekhome (SAN), drawing the attention of the court to a judgment of the Enugu Division of the Court of Appeal.
The Judge had ordered counsel in the matter to address him on the implications of the appellate court’s judgment on the present case.
The Court of Appeal, Enugu division had five days ago, held that defection did not constitute any known offence, but constitutional rights of freedom of association as enshrined under section 40 of the 1999 Constitution.
Ben Ayade and his deputy had defected from PDP to APC prompting PDP to demand that their seats be declared vacant in a lawsuit.
Ozekhome, representing Governor Ayade, while addressing the court on the effects of the Court of Appeal judgment on the defection suit against his client, asked the court to apply the appellate court’s decision to dismiss the suit against Ayade.
He drew the attention of the Judge to a portion of the Court of Appeal judgment which held that under the amended Constitution, votes cast in any election belong to individuals and not political parties.
He further pointed out a portion to Justice Taiwo where the Court of Appeal held that political parties are agents of individuals and just vehicles for individual contestants to canvas for votes.
Ozekhome insisted that sections 180, 188 and 189 of the 1999 Constitution can only be invoked by the court to remove an elected governor only where such governor resigns, dies or is impeached by a State House of Assembly.
He added that Supreme Court had, in recent decisions made it clear that defection is immoral, improper, ugly and condemnable, but did not constitute an offence that can lead to the removal of elective public officeholders.
“My Lord, I humbly urge you to bow and respect the latest Court of Appeal judgment as a judicial precedent to resolve the instant case in favour of Governor Ayade and his deputy
“Supreme Court has, in a plethora of authorities said that a lower court not applying judicial precedent of a higher court is nothing but judicial rascality that can lead to anarchy and I urge Your Lordship not to fall into that category.”
A similar position was canvassed by the Independent National Electoral Commission (INEC) and the APC.
Earlier, PDP Counsel, Emmanuel Ukala SAN, had argued that the facts of the case which led to the Court of Appeal’s new judgment are fundamentally different from the suit of his client.
Ukala informed the high court that the Court of Appeal’s new decision was based on a suit by APC against APC where the instant suit is PDP against APC.
He further submitted that PDP was not a party in the Court of Appeal decision, hence, the new judgment is not binding on it for the simple reason of lack of fairness and urged the Judge to hold that defection constitutes an offence as it amounts to the abdication of duties as a party with minority votes should not be allowed to rule over the party with majority votes.
After taking arguments for and against the new Court of Appeal decision, Justice Taiwo shifted judgment till April 7 to enable him to consider the impacts of submissions by lawyers and the judicial authorities they cited.
PDD filed the suit marked FHC/ABJ/CS/975/2021 seeking an order sacking the governor and his deputy over their defection from the party to the APC.
The party wants the court to order INEC to immediately receive the name of its candidates to replace Ayade and Esu for the purpose of utilising the lawful votes cast in favour of the plaintiff, “or in the alternative direct the first defendant to hold a gubernatorial election for Cross River State in accordance with Section 177 of the constitution excluding the third and fourth defendants who are disqualified from participating in the election by virtue of Section 192 (1) (b) of the constitution) arising from the abandonment of the majority lawful votes and the offices.”
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Court adjourns till April 7 for judgement in suit challenging Ayade’s defection to APC
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