• Home
  • Anti-Corruption
  • Fact-Check
  • Economy
  • National
  • Security
  • Features
  • State
  • Event
  • E-Book
Search
  • Home
  • About
  • Adverts
  • Contact
Sign in
Welcome! Log into your account
Forgot your password? Get help
Password recovery
Recover your password
A password will be e-mailed to you.
PRNIGERIA PRNigeria News
PRNIGERIA PRNIGERIA
  • Home
  • Anti-Corruption
  • Fact-Check
  • Economy
  • National
  • Security
  • Features
  • State
  • Event
  • E-Book
Home Government Justice Taiwo Bows to Appeal Court, Refuses to Sack Gov Ayade over...
  • Government

Justice Taiwo Bows to Appeal Court, Refuses to Sack Gov Ayade over Defection

By
Prnigeria
-
April 7, 2022
court Judiciary
court Judiciary Justice

Justice Taiwo Bows to Appeal Court, Refuses to Sack Gov Ayade over Defection

Citing a new decision of the Court of Appeal on defection, a Federal High Court in Abuja on Thursday declined to declare vacant, the governorship seat of Ben Ayade over his defection from the People’s Democratic Party PDP to the All Progressive Congress APC.

Justice Taiwo Taiwo departed from his earlier judgment which sacked all members of Cross River Legislators on account of defection and held on to the decision of the Court of Appeal delivered on April 1 to the effect that defection 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 elective office holders 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 to remove any governor, 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, improper and condemnable.

Justice Taiwo agreed with submissions of Mike Ozekhome SAN that judicial precedents of a higher court must be followed by a lower one and be applied in similar matters so as to avoid judicial rascality and anarchy.

Read Also:

  • Tijani, Sanwo-Olu, Bella Disu, Others to Headline 10th Nigeria Digital PR Summit
  • Third Estate Warns Against Spreading Insecurity in Kwara, Calls for United Action and Prayer
  • Anambra Police Deploy 70 Fresh Constables to Boost Security

The court held that although parties and facts in matter that led to Court of Appeal’s new decision are fundermentally different from those before it except on defection alone, the application of judicial precedent must be followed and in fact, binding on lower courts.

“In the instant case, since defection is not one of the conditions listed in the 1999 Constitution and since court cannot enact law or insert a new law into the Constitution, I abide by the provisions of sections 180, 188 and 189 to the effect that Governors and Deputies can only be removed from office on either death, resignation or impeachment.

The Judge agreed with the People’s Democratic Party PDP that votes belong
to political parties and that it was immoral and improper for an elected governor to move such votes to a party that lost in the same election but held that such is not an offence known to any law for now.

He there refused to grant the request of the PDP to declare the governorship seat of Ayade and his deputy vacant in view of the Court of Appeal’s new decision that defection was moral burden and not an offence.

Justice Joseph Kayode Oyewole of the Court of Appeal, Enugu division, had in a judgment delivered on April 1, 2022 held that defection is not an offence known to any law but a mere exercise of freedom of association as enshrined under section 40 of the 1999 Constitution.

By PRNigeria

VISIT OUR OTHER WEBSITES
PRNigeria.com EconomicConfidential.com PRNigeria.com/Hausa/
EmergencyDigest.com PoliticsDigest.ng TechDigest.ng
HealthDigest.ng SpokesPersonsdigest.com TeensDigest.ng
ArewaAgenda.com Hausa.ArewaAgenda.com YAShuaib.com
  • TAGS
  • APC
  • Ayade
  • calabar
  • Cross River
  • Defection
Previous articlePolice Announce New Commissioners for Adamawa, Edo and Kaduna States
Next articleSheikh Khalid Won’t Lead Jumm’at Service in New Mosque
Prnigeria
Prnigeria

RELATED ARTICLESMORE FROM AUTHOR

ICPC to Prosecute Self-Acclaimed Kano Journalist for Alleged ₦14 Million Fraud

Ex-Gov Yahaya Bello’ s Fund Withdrawals Did Not Breach Banking Regulations, EFCC Witness Tells FCT Court

Atiku Abubakar

Atiku Criticises DSS, Demands Probe of Tinubu Cabinet Following Minister’s Resignation

Tinubu: Shuttle Diplomacy and the Power of Showing Up

Minister of Innovation, Science and Technology, Uche Nnaji

Finally, Tinubu’s Embattled Minister Resigns Amid Certificate Scandal

INEC boss Mahmood Yakubu

Tinubu Confers National Honour on Outgoing INEC Chairman Mahmood Yakubu

Nigerian Air Force new Headquarters

Badaru Hails NAF’s Vision, Commissions New Headquarters Annex in Abuja

Former INEC Boss hands over Leadership to Miss May Agbamuche-Mbu

JUST IN: INEC Boss Prof. Yakubu Hands Over Leadership to Acting Chair

PIP Foundation graduates 250 Gombe Youths in Tech, Entrepreneurship

Pantami Foundation Graduates 250 Gombe Youths in Tech, Entrepreneurship

Tinubu Orders NAHCON to Reduce 2026 Hajj Fares

Influencer that badmouthed Senator Shehu Buba

Security Operatives Nab Influencers Over Defamatory Campaign Against Senator Shehu Buba

How Irabor’s Book Launch Became National Security Summit as Obasanjo, Jonathan, Kukah, Sultan Spoke on Boko Haram

Recent Posts

  • Tijani, Sanwo-Olu, Bella Disu, Others to Headline 10th Nigeria Digital PR Summit
  • Third Estate Warns Against Spreading Insecurity in Kwara, Calls for United Action and Prayer
  • Anambra Police Deploy 70 Fresh Constables to Boost Security
  • ICPC to Prosecute Self-Acclaimed Kano Journalist for Alleged ₦14 Million Fraud
  • Ex-Gov Yahaya Bello’ s Fund Withdrawals Did Not Breach Banking Regulations, EFCC Witness Tells FCT Court
  • Home
  • About
  • Adverts
  • Contact
© 2020 PRNigeria. All Rights Reserved.
Latest News
Tijani, Sanwo-Olu, Bella Disu, Others to Headline 10th Nigeria Digital PR SummitThird Estate Warns Against Spreading Insecurity in Kwara, Calls for United Action and PrayerAnambra Police Deploy 70 Fresh Constables to Boost SecurityICPC to Prosecute Self-Acclaimed Kano Journalist for Alleged ₦14 Million FraudEx-Gov Yahaya Bello' s Fund Withdrawals Did Not Breach Banking Regulations, EFCC Witness Tells FCT CourtAtiku Criticises DSS, Demands Probe of Tinubu Cabinet Following Minister's ResignationTinubu: Shuttle Diplomacy and the Power of Showing UpMAAUN Public Health Students Host Seminar to Combat Drug Abuse and Preventable DiseasesFutureMap Graduates Over 1,000 Students from STEAM Camp in JigawaFinally, Tinubu's Embattled Minister Resigns Amid Certificate ScandalTinubu Confers National Honour on Outgoing INEC Chairman Mahmood YakubuArmy Partners Media to Tackle Fake News, Boost National SecurityBadaru Hails NAF’s Vision, Commissions New Headquarters Annex in AbujaJUST IN: INEC Boss Prof. Yakubu Hands Over Leadership to Acting ChairTroops Repel Terrorists Attacks in Borno, Launch Rescue Operation for Abducted Villagers
X whatsapp