Mike Ozekhome has opined that the Federal High Court could not sack Ebonyi state governor, Dave Umahi and his deputy, Dr Eric Igwe for defecting to another political party different from the one they were elected.
Justice Inyang Ekwo had sacked the duo for defecting from the Peoples Democratic Party, PDP, to the All Progressives Congress, APC.
The court, in its ruling, held that the votes that produced Umahi and his deputy were obtained under the PDP and could not be transferred to the APC.
However, Ezekhome in a statement he personally signed said that appellate courts have had different positions to that of the High Court.
“The appellate courts have since held again and again that votes cast in an election belong to a live candidate and not the political party which merely serves as a vehicle that enthrone candidates.
“The implication of section 141 of the Electoral Act 2010 (as amended) is that while a candidate at an election must be sponsored by a political party, the candidate who stands to win or lose the election is the candidate and not the political party that sponsored him.
“I, therefore, most respectfully submit (as held by appellate courts) that a political party is merely a vehicle in which a candidate can ride to contest an election and nothing more. The votes belong to the candidate and not the political party.
“The political party ceases to have any considerable relevance or insolence over a person that has won an election and has been sworn in as a legislator, Governor or President of the entire people, who are far larger than a mere political party,” the statement reads.
According to him, Section 308 of the Nigerian Constitution grants absolute immunity to the President, Vice President, Governor and Deputy Governor while in office.
“Consequently, no civil or criminal proceedings could ever sustain against this set of persons, whilst still holding office.
“Going by the above plethora of authorities, I humbly submit that a Governor already sworn in cannot be removed by the Federal High Court through an Originating Summons. It will surely be set aside on appeal.”
