The Appeal Court in Enugu on Friday reversed the decision of an Abuja High Court which removed David Umahi and Kelechi Igwe, as governor and deputy governor of Ebonyi State.
Justice Inyang Ekwo, in the decision sacked Umahi, Igwe and 17 lawmakers in the state for dumping the PDP to the APC.
The suit was filed by the APC governorship candidate in the 2019 election, Senator Soni Ogbuoji and running mate, Justin Mbam.
But, on February 28, 2022, a High Court sitting in Abakaliki struck out the same suit
Justice A.O Belgore of the Appeal also dismissed the suit for being inconsistent with the constitution and extant laws of the country.
Justice Belgore held that the appeal lacked merit and that the cases sighted are totally irrelevant to the matter brought before the court.
He also pointed out that the removal of elected officials, in this case, Governor Umahi and his deputy, lies in the hands of the legislature and must be in line with the constitution of the Federal Republic of Nigeria, as amended.
The judge specifically sighted section 308 of the Constitution and pointed out that no legal action can be taken against a sitting president and vice president, governor and his deputy.
The appeal was therefore dismissed, with a N200k fine against the defendants.