The Peoples Democratic Party has asked an Abuja Federal High Court to sack the five governors who defected to the All Progressives Congress.

The governors are Alhaji Murtala Nyako (Adamawa), Rotimi Amaechi (Rivers), Aliyu Wamakko (Sokoto), Rabiu Kwankwaso (Kano) and Abdulfatai Ahmed (Kwara).

The Independent National Electoral Commission was listed as a defendant alongside the governors in the suit filed on behalf of the PDP by Alex Izinyon, SAN.

PDP argued that the governors should be sacked from office on the ground that, because of their defection, they have forfeited their offices, which, as a result, have reverted to the party.

In the event that the five governors are sacked from office, PDP wants the court to order the deputy governor or speaker of the state Houses of Assembly of the affected states, or any officer next in rank, who is still its member, to assume the office of governor.

PDP is asking the court for several reliefs, among which is a declaration that by the combined provisions of sections 177 (c), 221 and 222 (c) of the 1999 Constitution, the five governors, who were elected under its platform, cannot continue to enjoy the mandate given to it (PDP) by the people/electorate of the concerned states as they (governors) have defected to another political party.

The court was equally asked to make a declaration that in the absence of any division in the PDP, the five governors have vacated or forfeited their seats upon their defection to the APC.

Also, the Abuja FHC was asked to make a declaration that, by the combined provisions of sections 87 of the Electoral Act 2011 (as amended), and sections 177 (c), 221 and 222 (c) of the 1999 Constitution, the offices of the defected governors have reverted to the PDP.

In the same vein, the court was asked to make a declaration that, by the combined provisions of sections 177 (c), 221 and 222 (c) of the 1999 Constitution, upon the defection of the five governors, the mandate reverts to the deputy governor or speaker of the state houses of assembly of the respective states or any officer next in rank who is still a member of the PDP.


http://www.punchng.com/news/pdp-asks-court-to-remove-defecting-governors/

thenationonlineng.net/new/pdp-moves-defecting-governors/

The Punch didn't report that PDP is seeking the court to direct the respective state house of assembly to commence impeachment since the court doesn't have the power to declare their seats vacant. The Nation reported it very well.

Now, among the 5 Governors, the most likely target is Rivers State Governor. Now, an order for the immediate impeachment of the Governors and he should hand over to any PDP political officer holder.

Some weeks back, some dudes were ranting and celebrating the defection of the five Governors that they were insignificant and unpopular in their states. Now, why the desperation to waste tax payers money on a case that there is a precedent as set by OBJ vs Atiku.

In Rivers, Port Harcourt City Local Government have officially defected to APC. The chairman of PHALGA Akarolo and Former House of Rep member and PDP member Igo Aguma led the Local Government and two House of Assembly members with their supporters to APC thus making it 12 LGAs that has officially decamped to APC so far.

They keep making noise PDP will not be accepted in Rivers, bla bla bla. Is eating in.

The battle has just begun. Owelle Judas Okorocha, APGA is waiting for you lol.

nPDP reps and Senators are wise enough by delaying announcing their own defection because of the constitutional provision against such. Let Nigerians see how the Supreme court that ruled in Omehia vs Ameachi's case will now reverse itself to rule otherwise.

Koooool

Thank you PDP.

A military coup or civil war

ado ok: A military coup or civil war

Who is going to fight that?

PDP has just shot itself in the foot.

Goddex: The battle has just begun. Owelle Judas Okorocha, APGA is waiting for you lol.
nPDP reps and Senators are wise enough by delaying announcing their own defection because of the constitutional provision against them.

Erm.......just one insurmountable hurdle to PDP achieving anything with this case,Atiku v Obj.Remember that case n how it went down?.
Due executive office mandate are reposed in the office holders,not the party.The case of Amaechi v Omehia was an exception n the Supreme Court emphasised that when they gave judgement,so it can't be used as precedent.

pokur:
Erm.......just one insurmountable hurdle to PDP achieving anything with this case,Atiku v Obj.Remember that case n how it went down?.
Due executive office mandate are reposed in the office holders,not the party.The case of Amaechi v Omehia was an exception n the Supreme Court emphasised that when they gave judgement,so it can't be used as precedent.

Hello sir!!! Didn't get your last sentence

They have money to waste on legal charges naw. . iLaugh @ PDP.

What is wrong with this PDP led government.Do you guys think Nigerians are illitrates like must of you or our sense of purpose is dead.Their thought process is either sick or dead.What happens to Isah Yuguda of Bauchi state who was elected Governor on the platform of ANPP but defected to PDP?what about MHA and Senators who cross-carpeted from other parties to PDP?please GEJ and his kitchen cabinet should either reconcile with his party men or keep quite.If you think GEJ led PDP is confused,please click like

ado ok: A military coup or civil war

Or both

Goddex:

Hello sir!!! Didn't get your last sentence

Go read the lead judgement of Amaechi v Omehia,the SC specifically says its unique n can't be cited as precedent.It's why it's not bn cited by the lawyer in this case.So,Atiku v Obj still is the prevailing law as concerns executive defection.
I just laugh at u ignorant lot dancing naked in the marketplace.Executive office holders can defect as much as they like once they've achieved office,the constitution is silent on the consequence for doing so ere Atiku v Obj.

ibsmooth: What is wrong with this PDP led government.Do you guys think Nigerians are illitrates like must of you or our sense of purpose is dead.Their thought process is either sick or dead.What happens to Isah Yuguda of Bauchi state who was elected Governor on the platform of ANPP but defected to PDP?what about MHA and Senators who cross-carpeted from other parties to PDP?please GEJ and his kitchen cabinet should either reconcile with his party men or keep quite.If you think GEJ led PDP is confused,please click like

Did the opposition party take them to court?

The fact that I did something you could challenge in court but failed to does not mean when you do same I will not exercise my constitutional rights to seek an interpretation from the courts.

I am seriously curious to see how the supreme court will handle Amaechi's case particularly without appearing to have reversed itself.

ibsmooth: What is wrong with this PDP led government.Do you guys think Nigerians are illitrates like must of you or our sense of purpose is dead.Their thought process is either sick or dead.What happens to Isah Yuguda of Bauchi state who was elected Governor on the platform of ANPP but defected to PDP?what about MHA and Senators who cross-carpeted from other parties to PDP?please GEJ and his kitchen cabinet should either reconcile with his party men or keep quite.If you think GEJ led PDP is confused,please click like

theodore orji, ikedi ohakim were elected under PPA platforms but decamped to PDP.

kokoA: theodore orji, ikedi ohakim were elected under PPA platforms but decamped to PDP.

Were they ever taken to court for interpretation of the constitution?

Goddex:

Were they ever taken to court for interpretation of the constitution?

no need for that. The Atiku vs Obj case was a clear example of executive cross carpeting. Like I said before, PDP is just wasting their time and money.

pokur:
Go read the lead judgement of Amaechi v Omehia,the SC specifically says its unique n can't be cited as precedent.It's why it's not bn cited by the lawyer in this case.So,Atiku v Obj still is the prevailing law as concerns executive defection.
I just laugh at u ignorant lot dancing naked in the marketplace.Executive office holders can defect as much as they like once they've achieved office,the constitution is silent on the consequence for doing so ere Atiku v Obj.

Do you have links to the said judgments?

ibsmooth: What is wrong with this PDP led government.Do you guys think Nigerians are illitrates like must of you or our sense of purpose is dead.Their thought process is either sick or dead.What happens to Isah Yuguda of Bauchi state who was elected Governor on the platform of ANPP but defected to PDP?what about MHA and Senators who cross-carpeted from other parties to PDP?please GEJ and his kitchen cabinet should either reconcile with his party men or keep quite.If you think GEJ led PDP is confused,please click like

It doesn't matter, does it?
The affected parties should have gone to court but they didn't.
That doesn't make it wrong for the PDP to reclaim their mandate.
PDP won the elections except the constitution says otherwise.

The fllg PDP gvr shld be preparing to loose thire seat too.
Isa Yeguda -Bauchi-From ANPP to PDP.
Theordore Orji-Abia-PPA tp PDP
Dakingari-Kebbi-ANPP to PDP.

Obiagu1:

Do you have links to the said judgments?

Funny,the case is not being cited on the Supreme Court's Judgement Information System n I don't have subscription for Nigeria Law Reports.I'll look for other links n post them here soon.

This is the right step in the right direction. The court should do the needful and sack those greedy governors.

The one that is of interest to me is Rochas Okorocha.
I hope APGA do go to court to remove that joke of a man.

Learning

smart one from PDP

you can not eat your cake and have

I can see the electoral act being implemented to the letter

APGA can also use this judgement as precedence to remove Rochas from Imo

Waste of time and money by GEJ and PDP. Atiku vs Obasanjo comes to mind.........

ibsmooth: What is wrong with this PDP led government.Do you guys think Nigerians are illitrates like must of you or our sense of purpose is dead.Their thought process is either sick or dead.What happens to Isah Yuguda of Bauchi state who was elected Governor on the platform of ANPP but defected to PDP?what about MHA and Senators who cross-carpeted from other parties to PDP?please GEJ and his kitchen cabinet should either reconcile with his party men or keep quite.If you think GEJ led PDP is confused,please click like

PDP has a very good case here. The fact that ANPP did not go to court to request it to sack those governors does not make their defection legal neither does it invalidate the constitutional provision that such governors should be sacked.

Interesting stuff . . . . .

sincerenigerian: Waste of time and money by GEJ and PDP. Atiku vs Obasanjo comes to mind.........

APC is going down faster than we thought.

mikeansy: smart one from PDP

you can not eat your cake and have

I can see the electoral act being implemented to the letter

APGA can also use this judgement as precedence to remove Rochas from Imo

at the moment I don't think Rochas is in APC. So if this case works against the G-5 Rochas will just maintain with agipa.

olabukola: at the moment I don't think Rochas is in APC. So if this case works against the G-5 Rochas will just maintain with agipa.

Then impeachment will be the next option.