The Federal High Court sitting in Abuja has held that Governor Ben Ayade and his deputy cannot be removed by the judiciary in view of their defection from the Peoples Democratic Party to the All Progressive Congress.
Justice Taiwo Taiwo departed from his earlier judgment and held on to the decision of the Court of Appeal delivered on April 1, to the effect that defection of a Governor and his Deputy is not an offence under the Nigerian Constitution for now.
The Judge held that governors and their deputies can only be removed from office in line with sections 180, 188 and 189 of the Constitution which stipulated that they can only be removed from office on account of death, resignation or impeachment.
Justice Taiwo said that since defection is not one of the Constitutional provisions, no court has power to insert such into the Supreme Law.
“The point must be made that it is not the duty of the court to make law. If a gap is disclosed, the remedy lies in amending the act”
“This court has no power to declare vacant the seat of the governor and deputy, ” he said.
He, however, agreed that defection from a winning party to a losing one is immoral and improper.
Details later…
