Court Dismisses Suit To Declare Ayade’s Seat Vacant Over Defection

The Federal High Court in Abuja on Thursday dismissed a suit seeking to declare vacant the seat of Cross River State Governor Ben Ayade.

Justice Taiwo Taiwo cited the judgment of the Court of Appeal in Enugu that defection is not a ground for removal from office.

The Justice noted that the removal of a sitting governor and his deputy can only be done in line with constitutional provisions.

He added that under such provisions, the judiciary lacks the powers to remove an elected officer.

The Peoples Democratic Party had taken Ayade to court seeking an order directing him and his Deputy, Ivara Esu, to vacate office following their defection to the All Progressives Congress.

Ayade who was elected on the platform of the PDP in 2015 defected to the APC on May 20, 2021, along with his deputy.

The PDP in the suit asked the court for “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.”