The Federal High Court Abuja on Thursday declined to declare vacant, the governorship seat of Ben Ayade over his defection from the Peoples Democratic Party, PDP, to the All Progressives Congress, APC.
Citing a recent decision of the Court of Appeal on defection, Justice Taiwo Taiwo departed from his earlier judgment and followed 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.
He, however, agreed that defection from a winning party to a losing one is immoral and improper.