March 27, 2023

The Federal High Court in Abuja has deferred it’s judgement on suit by the 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 APC till April 6.

The Judgement was earlier fixed for today by Justice Taiwo Taiwo, though the court did not adduce the reason it postponed the verdict, it however notified the parties about the new date through the cause list.

The PDP is in its suit marked FHC/ABJ /CS/975/2021 praying the court to sack both Ayade and his Deputy conteading that the duo having abandoned the political party that sponsored their election, ought to vacate their representative offices. Among other things, A declaration that in view of the provisions of section 221 of the Constitution of the federal republic of Nigeria, 1999 (as amended) and the democratic system of governance operated in Nigeria, votes at the election and elections are won by political parties and not their candidate or the candidates sponsored at the election by the political parties”.

Aside from Ayade and his Deputy the INEC and APC were also cited as defendants in the matter. It will be recalled that justice Taiwo had in a judgement he delivered last Monday sacked two Federal lawmakers and 18 members of the Cross Rivers State House of Assembly following their defection from the PDP to the APC. Their sack followed a suit marked FHC/ABJ/CS/975/2021, which was filed by the PDP. The court held that the Defendants, having decamped from the political party that sponsored their election before the expiration of the period for which they were elected, have by virtue of the provisions of section 68(1) (g) and section 109 (1) (g) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) respectively, vacated their seats and are not entitled to continue to occupy the various seats or offices into which they were elected”.

Marvelous Ogidi

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