It was a glee and disparagement to some Jurists, Lawyers, Law Students, other Professionals and the political faithful on that faithful when Honorable Justice Ekwo of the Federal High Court of Nigeria sitting in Abuja, removed His Excellency Governor David Umahi and his Deputy Governor Eric Kelechi Igwe of Ebonyi State respectively from the helm of affairs of the Executive Arm of Government.

The reasons among several others cited by the erudite Honorable Justice are not far fetch to witthe Court was of the opinion that, an individual belongs to a political party and not the other way round and as such, an elected person cannot transfer on him or her volition the votes casted during an election to another political party based on wishful defection.

The question this judgment juxtapose is that, is this a good or bad judgment for our legal jurisprudence?

Constitutionally speaking, the Court cited section 221 of the Constitution of the Federal Republic of Nigeria (As Amended) 1999: “…prohibits political activities by certain associations which are not political parties from canvassing for votes or contributing to elections expenses of any candidates at any election”

A politically inspired person who wishes to be in the political space must do that by joining a political party in order to fulfil his or her ambition without which nothing can be done and everything achieved during an election by a competent electoral body belongs to the political party who sponsored the individual.

The learned trial Judge held further that the 393,042 votes polled by Governor Umahi during the March 9th, 2019 Gubernatorial election belonged to the Peoples Democratic Party (PDP) and cannot be legally transferred to the All Progressive Congress (APC) upon defection, and that there is no constitutional provision that made the ballot transferable from one party to another. The Judge thereafter order INEC to conduct fresh election in accordance with section 177(c) of the Constitution.

This is a resounding judgment and whether it will stand the test of time via the Appellate scrutiny, only time will tell as the losing party are gelling up to appeal at the Court of Appeal.

Will this judgment change in entirety our legal jurisprudence for good or otherwise?

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