Close Menu
National Update
    Facebook X (Twitter) Instagram
    Trending
    • Yobe APC Mobilises Thousands for Tinubu After ‘Must Go’ Protest
    • Atiku Revives Tinubu’s 1993 US Forfeiture Case, Challenges Him Over Record
    • Kano Uncovers 3.18m Pregabalin Capsules in Sabon Gari Raid
    • Two to Hang for Killing Kano Mother, Six Children
    • ADC Races to Save Atiku’s Ticket, Tells INEC to Wait
    • Yari: APC Will Not Rig 2027 Election, Tinubu’s Work Will Win Votes
    • 2027 Elections: INEC Raises Staff Pay Warns Workers to Stay Neutral
    • HURIWA to Tinubu: Stop Borrowing Before Unborn Generations Pay the Price
    Facebook X (Twitter) Instagram
    National UpdateNational Update
    Subscribe
    • News
    • Politics
    • Opinion
    • Economy
    • Entertainment
    • Health
    • Security
    National Update
    Home»Opinion

    Umahi: APC, PDP’s fight over ownership of electoral votes

    By National UpdateApril 10, 2022 Opinion No Comments7 Mins Read
    Share
    Facebook Twitter WhatsApp LinkedIn Email

    By Ehichioya Ezomon

    Court rulings on the sacking of Ebonyi State Governor Dave Umahi and Deputy Governor Kelechi Igwe are shaping up to becoming a “locus classicus” – an authoritative passage from a standard work that is often quoted as an illustration; a classic case or example.
    The issue at stake is whether votes from an election belong to the political party or its candidate, and if morality should take precedence over legality in deciding electoral matters in court.
    One high court has categorically held that a political party owns electoral votes, while two high courts and an appellate court have literally affirmed that votes belong to the candidate.
    Another appellate court is looking at the matter that’s dogged the polity, with politicians’ switching of political parties regarded more as an issue of morality than of legality in keeping with laws guiding elections in Nigeria.
    From the lower to the appellate courts, Judges seem to uphold this view to be true, and decline to allow sentiment influence their decisions when morality clashes with legality in electoral matters.
    If it were otherwise, Judges would be writing laws, and thus usurping the legislative function of the parliament to make laws for the Judiciary to interpret when there’re conflicting issues.
    Even as the amended 1999 Constitution punishes defection by members of the legislature with forfeiture of their seats, the courts cautiously apply the rules, hence the rampant decamping by politicians.
    The instant matter comes to the public domain aftermath of the ruling of an Abakaliki High Court that upheld the defection of Umahi and Igwe from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) in November 2020.
    But Umahi and Igwe’s judicial victory was cut short on March 8, 2022, by an Abuja Federal High Court, which sacked the duo from the positions of governor and deputy governor of Ebonyi State.
    Umahi and Igwe’s sacking refocuses the issue of who owns the votes between a political party and its candidate in an election, and the moral and legal implications of defection by politicians.
    Thus, the March 8 judgment of the Federal High Court in Abuja has attempted to solve the twin matters, holding that votes belong to the political party, and ipso facto, morality should take precedence over legality, to curb the unbridled decamping of politicians.
    In a case filed by the PDP, Justice Inyang Ekwo held that having defected to the APC, Governor Umahi and Deputy Governor Igwe have lost the legal and moral rights to hold the positions, as the PDP owns the votes that the defectors took to the APC.
    The judge relied on the celebrated, but outdated Supreme Court judgment in Amaechi vs Omehia, that electoral votes belonged to the political party and not the candidate sponsored by the party.
    Chibuike Rotimi Amaechi had won the PDP primaries for the 2007 governorship poll in Rivers State, but was denied the ticket via an infamous “k-leg” (problem) spun by then President Olusegun Obasanjo, who “awarded” the ticket to Mr Celestine Omehia.
    Amaechi was in “self-exile” in Ghana when the 2007 general election held, and Omehia won, and was sworn in as governor, a position he held for a few months before the courts sacked him.
    Relieving Omehia of the post, the Supreme Court stated that Amaechi, who secured the PDP ticket at the primaries, was the lawful person to inherit the votes that belonged to the party.
    The Amaechi vs Omehia case is overtaken by judgments of the appellate courts, that votes belong to the candidate, who uses the political party as a vehicle to get into office. That’s why election results are declared for the party’s candidate.
    Yet, Justice Ekwo ruled that parties own votes, and sacked Umahi and Igwe, and asked the Independent National Electoral Commission (INEC) to withdraw their certificates of return, and issue fresh ones to PDP nominees for governor and deputy governor.
    But in what some analysts describe as “a Daniel come to judgment,” the Appeal Court sitting in Enugu has affirmed the decision of a High Court in Abakaliki, Ebonyi State, that a governor or deputy governor can only be removed by constitutional means.
    The court ruled in a suit by the governorship candidate and running mate of the APC in the 2019 elections, Sen. Sunny Ogbuoji and Mr Mbam Ogodo, seeking to be sworn-in as the governor and deputy governor in place of Umahi and Igwe.
    Following the defection of Umahi and Igwe, Ogbuoji and Ogodo took out a writ at the high court, praying to be enthroned, as they’re the first runners-up behind Umahi and Igwe in the 2019 polls.
    They argued that having decamped from the PDP, Umahi and Igwe had lost their positions, and urged the court to declare them (Ogbuoji and Ogodo) as the governor and deputy governor.
    Ruling on the pleadings, Justice Henry Njoku of the Abakaliki High Court dismissed the suit as “lacking merit,” as Umahi and Igwe didn’t offend any provisions of the Constitution or the Electoral Act.
    Ogbuoji and Ogodo approached the Appeal Court in Enugu, to reverse the Abakaliki court ruling, a plea the court refused, declaring that the appellants lacked the locus to supplant the respondents.
    In a lead ruling by Justice J. O. K. Oyewole, the Appeal Court held that there’re no express constitutional provisions for consequences on a governor or deputy governor that decamps to another party.
    Justice Oyewole stated that, while Umahi and Igwe’s defection from the PDP to the APC “might appear immoral, they have freedom of association,” as guaranteed by the amended 1999 Constitution.
    “Defection of elected executives is not novel in our political system but their removal must be in accordance with the constitution,” the judge said, adding that it wasn’t the court’s duty to make laws or insert words “in the express provision of the constitution.”
    A Federal High Court in Abuja, taking “judicial notice” of the Appeal Court in Enugu, held that the defection of Cross River Governor Ben Ayade and his deputy, Prof. Ivara Esu, didn’t offend the Constitution and the Electoral Act, to warrant their removal, as the PDP had prayed.
    Delivering the judgment on April 7, Justice Taiwo Taiwo said that going by “the principle of ‘stare decisis’ (judicial precedence),” he was bound by the earlier judgment of the appellate court in Enugu.
    Justice Taiwo noted that defection isn’t part of the grounds in sections 180, 188 and 189 of the amended 1999 Constitution for the removal of a governor or his deputy from office.
    “The 3rd and 4th defendants (Ayade and Esu) cannot be removed except by constitutional provisions,” the judge said, adding, “Hence, this court has no power to declare their seats vacant except by constitutional provisions. I so hold.”
    With all but one court virtually declaring, by implication in the interim, that votes belong to the candidate and not the political party, the question remains contentious, as an Appeal Court in Abuja looks into Umahi and Igwe’s sacking.
    Umahi and Igwe have lodged the appeal, to reverse the judgment of Justice Ekwo that dismissed them from office, and mandated the INEC to recognize PDP’s nominees for their positions.
    Will the Appeal Court in Abuja affirm the decision of an Abuja Federal High Court that the political party owns votes, and sustain the sacking of Governor Umahi and Deputy Governor Igwe?
    Or will the court align with the Appeal Court in Enugu, the Abakaliki High Court and an Abuja Federal High Court that although decamping “might appear immoral,” there’re no legal consequences on the defectors?
    It’s a ding-dung affair that keeps the polity guessing, puts Umahi and Igwe in suspense, and leaves INEC in a difficult position to choose which to obey from a plethora of court judgments, to advance Nigeria’s electoral system and democracy.

    Mr Ezomon, Journalist and Media Consultant, writes from Lagos, Nigeria.

    Previous ArticleVote out legislators against LG autonomy – Board urges grassroots electorate
    Next Article Northern Youth Forum roots for Emefiele for President

    Keep Reading

    From the Governor’s Voice to Kano’s Information Vanguard: Why Sanusi Bature Dawakin Tofa Is the Right Choice

    Nigerian Women’s Youth Football: 90 Minutes from History

    On Salim Ibrahim’s November 4 Ruling

    Tinubu’s Umrah: Beyond Politics, A Journey Of Faith And National Prayers

    Waiya’s Redeplyment: A Testament Of Uncommon Performance

    Ocheni’s Exclusion from Kogi APC Campaign Council Sparks Questions Over Party Loyalty

    Add A Comment

    Comments are closed.

    Advert
    VGC Advert
    Most Viewed Posts
    • Ex-Kogi Gov’s Arraignment Stalled at the instance of EFCC Counsels (2,603)
      The arraignment of the former Governor of Kogi State, Yahaya Bello, on an alleged money laundering case instituted against him by the Economic and Financial Crimes Commission (EFCC), has been adjurned to June 27, by the Federal High Court, in Abuja, based on an agreement by the counsels to the two parties. A new date,
    • Breaking: Intrigues, as ADC suspends its presidential candidate, Kachikwu, accuses him of blackmail (1,982)
      The African Democratic Congress (ADC) has suspended its presidential candidate Dumebi Kachikwu, from the party, accusing him of false, misguided and defamatory video he made and circulated, among other infractions. The party also considered Kachikwu's action as "smacks of crass irresponsibility, gross indiscipline, disingenuous scandalization and blackmail, and completely unfit of someone who wants to
    • North Central Serving Governor withdrew N60 billion cash in six years ― EFCC (1,891)
      A serving Nigerian governor has allegedly withdrawn N60billion from his state’s purse. The Economic and Financial Crimes Commission (EFCC) said that he has lifted about N60 billion cash from state coffers in about his six years in office. The governor remains unnamed and his state, partially identified as domiciling in the North Central of the
    • Integrity Pays: Delta SANs Honour Police Officer with ₦1m Award (1,734)
      In a rare show of appreciation for integrity in public service, the Body of Senior Advocates of Nigeria (BOSAN), Delta State chapter, has honoured Assistant Commissioner of Police (ACP) Aliyu Shaba for what they described as his anti-corruption stance and outstanding service within the Nigeria Police Force. At a colourful ceremony in Ekpan, Uvwie Local
    • A major win for Kanu as Court orders Nigeria to pay him ₦1billion (1,572)
      For violating the rights of the leader of the Indigenous People of Biafra (IPOB) Nndi Kanu a High Court in Umuahia, Abia State, on Wednesday ordered the Nigeria Government to pay him the sum of N1 billion The presiding Judge Benson Anya described the invasion of Kanu’s Afaraukwu residence as notorious and brazen. He also

    Latest News

    Yobe APC Mobilises Thousands for Tinubu After ‘Must Go’ Protest

    November 7, 2026

    Atiku Revives Tinubu’s 1993 US Forfeiture Case, Challenges Him Over Record

    November 7, 2026

    Kano Uncovers 3.18m Pregabalin Capsules in Sabon Gari Raid

    November 7, 2026

    Two to Hang for Killing Kano Mother, Six Children

    November 7, 2026

    ADC Races to Save Atiku’s Ticket, Tells INEC to Wait

    November 7, 2026

    Subscribe to Updates

    Get the latest creative news from FooBar about art, design and business.

    National Update
    Facebook X (Twitter) Instagram
    © 2026 National Update. Designed by Lamark Cre8ives.

    Type above and press Enter to search. Press Esc to cancel.