Chairman of the Peoples Democratic Party, PDP, in Cross River State, Venatius Ikem has expressed the belief that the sack of Governor Ben Ayade by the court is also very imminent.

Yesterday, an Abuja High Court, presided over by Justice Inyang Ekwo declared in its judgment that Governor David Umahi can no longer be the Governor of Ebonyi State having decamped from the PDP to the APC, maintaining that the votes which gave him the governorship victory belonged to the PDP.

The court directed the PDP to immediately nominate two persons to take over power in Ebonyi State immediately as governor and deputy or INEC should conduct a byelection.

The same scenario played out in Cross River State as Ben Ayade won the 2019 election as governor when he was still in PDP. He left the party to APC on 20th May, 2021.

Ikem said: “We have been in Court for several months on the same claims like those of the PDP in Ebonyi State and we are being represented by the same lawyers, too.

“Indeed, the matter has been set for hearing.

“So, it is not a matter of if we are ‘thinking in that direction’, it is a matter of when our own judgment will be delivered.”

On the National Judicial Council (NJC) which Umahi has ran to for protection and review of the judgment, Ikem said NJC does not have such power.

“The NJC is not a Court. It doesn’t and has no power to review judgments of courts. Only the appropriate Superior Courts have jurisdiction to review judgements of inferior or lower courts,” he said.

The PDP chairman maintained that political cases of this nature take priority over all other cases, adding that there are legislated timelines for the courts to commence and conclude actions before them.

He was hopeful that there will not be delays.

“On the contrary, there will be expeditious dispensation of justice,” he noted.

Belleful:
My own be say when them do play back to PDP make anybody no come dey shout witch hurt o. D issue of decamping from one party to the other was started by PDP and they rejoice in it by throwing extravaganzas rallies to welcome members from other parties.

silverlinen:
Yes, sack that clown that call himself governor.

backbencher:
If they are following the rules, the sack should happen

You defect from party A to B while in office, you then resign and run for office again

blackpanda:


That's not what the law says.

backbencher:


You sure...so why the ruling?

blackpanda:


The judgment is perverse. That's why there is appeal. The law does not prevent governor's from moving to any party of their choice, only law makers.

The legality of cross carpeting at both arms of government that is the Legislative and Executive arms of government was determined by the Supreme Court in the celebrated case of AG FEDERATION V ATIKU ABUBAKAR (2007) 4 SC (PT. 11) 62, which case amongst other things determined the legality of the defection of Alhaji Atiku Abubakar the former Vice President from the PDP under which he was elected to the AC in me thick of his battle for political survival against his former boss erstwhile President Olusegun Obasanjo and his party PDP who were bent on teaching him a very hard lesson for standing against the party's decision to support the former Presidents for a 3rd term. The Presidency had in fact conjured up allegations of corruption (the truth of which we may never know) to be used to remove him from office. Alhaji Abubakar's decision to defect from the PDP to the then newly formed only provided ammunition with which to nail the embattled former Vice President. However, the attempt to use the constitution to declare the office of the Vice President vacant upon me carpet crossing of Alhaji Atiku Abubakar failed woefully as the Supreme Court held that "the legislators have made it manifest that if any of these elective members after winning an election on the platform of a political party, later on being a member of the senate or of the House of Representatives (and by extension the House of Assembly) defects to another political party, he is deemed in law to have automatically vacated his seat in the House of which he is a member" (Supra page 242) (Addition made) However, the apex court continued "No similar provision was made/or the Vice President even for the President If the legislators had intended the Vice President or even the President to suffer the same fate, they would have asserted that provision in clear terms" at 243. The absence of clear provisions also applies to the offices of Governor and Deputy Governor.

blackpanda:


The judgment is perverse. That's why there is appeal. The law does not prevent governor's from moving to any party of their choice, only law makers.

Bobloco:


Are you saying that the 17 lawmakers who defected to the APC have lost their seats

blackpanda:
Smh

PDP is a very useless party. No single truth in their mouth. They started this cross carpeting business, but no claiming innocent. This judgment will obviously be overturned on appeal and that corrupt judge will face justice.

tuoyoojo:
If this judgement in Ebonyi is upheld and enforced

It would prevent all this useless cross carpeting in the future

bro4u:
Sure, the game of politics is just like cultism. You can't cross carpet and expect your former party to clap for you. They'll come for your head