The Court of Appeal Enugu Division on Friday struck out a suit seeking the sack of Ebonyi Governor David Umahi and his Deputy, Kelechi Igwe from office for defection.
The duo in November 2020 defected to the All Progressive Congress(APC) from the Peoples Democratic Party (PDP).
Following their defection, the candidate of the APC in the 2019 Governorship election, Senator Sonni Ogbuoji and his running mate, Justin Ogbodo Mbam, approached an Ebonyi High Court seeking the sack of the Governor and his Deputy.
The plaintiffs prayed the Court to declare the seats of Umahi and Igwe vacant on account of their defection from the PDP to the APC.
Ogbuoji and Mbam also demanded the Court to order that they be sworn-in immediately as Governor and Deputy having emerged second in the said election.
But the High Court, in a judgement on February 28, struck out the suit and awarded N500, 000 as damages against the plaintiffs.
Not satisfied with the ruling, the plaintiffs appealed the decision.
But in a 37-minute judgement, the Appellate Court agreed with the lower Court’s ruling on the matter.
The Appeal Justices, in a unanimous judgement read by Justice Alfa Belgore, dismissed the suit for being inconsistent with the Constitution and extant laws of the country.
