From Godwin Tsa, Abuja
The Abuja division of the Federal High Court has dismissed the suit the People’s Democratic Party (PDP) filed to declare the seat of Governor Ben Ayade of Cross River State and his Deputy, Ivara Esu, vacant, following their defection to the ruling All Progressive Congress (APC).
Justice Taiwo Taiwo in his judgment on Thursday, 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.
He further held that 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.