UPDATED: Ayade Wins As Abuja Court Upholds Defection To APC

The Federal High Court sitting in Abuja has held that Governor Ben Ayade and his deputy, Ivara Esu cannot be removed by the judiciary in view of their defection from the Peoples Democratic Party to the All Progressive Congress.

Justice Taiwo Taiwo gave the verdict on Thursday.

“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.

Recall that the PDP had in 2021 challenged the defection of Ayade and his deputy governor to the APC.

Justice Taiwo had fixed Wednesday (April 6) for judgement but held back his verdict due to the Court of Appeal decision in Enugu which upheld the defection of Ebonyi state governor, Dave Umahi.

He then asked the respective lawyers in the case to address him on the appellate judgement.

The Independent National Electoral Commission had on Wednesday ( April 6) urged the court in Abuja to abide by the doctrine of judicial precedence and uphold the defection of Cross River governor, Ben Ayade.

INEC counsel, Anthony Onyeri had contended that the appellate court decision in Enugu was same as the one before him.

But the PDP counsel, Emmanuel Ukala SAN, had said that the case decided by the appellate court in Enugu was different from the case before him.

He had explained that reliefs sought in the appellate court were 3 while his was 17.

He had also argued that judicial precedence only affect parties involved, adding that the case decided by the appellate court was an “internal affairs” of APC members geared towards frustrating the defection suit at the trial court in Abuja.

For Mike Ozekhome, Ayade’s counsel , he opined that it would amount to ‘judicial rascality’ if a lower court does not align itself with the verdicts of superior courts like the appellate court’s decision in Enugu.

Reading his judgement on Thursday, Justice Taiwo held that even though governors are not immune from being sued in certain cases, the court must be guided by judicial precedence vis-à-vis the Nigerian Constitution as well as the Electoral Act, especially in election-related matters.

On the interpretation of the appellate court’s decision on Umahi , the judge agreed with the PDP that the “Parties are not the same in the case at the appellate court” but affirmed that its decision was similarly on “the issue of defection” which is before him.

Having established similarity between the case before him and the issues sought for determination at the appellate court on Umahi’s defection, Taiwo said he would align himself with the higher court’s findings.

Citing superior authorities, Taiwo added that “No court needs to be told that it must stand by the decision of superior courts; a lower court is still bound by the decision of the higher court even when the decision is giving erroneously.”

Taiwo further said that while the Electoral Act 2022 does not “explicitly” state the consequences of defection on the executive, “the removal of the elected members of the executive government has not been ascribed to the judiciary.”

He said that while judges may give their opinions about a higher court decision, they must abide by it.

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