It was jubilation galore for the Governor of Cross River, Ben Ayade, as a Federal High Court in Abuja on Thursday struck out a suit seeking to sack him and his deputy over their defection from the Peoples Democratic Party, PDP, to the ruling All Progressives Congress, APC.
Justice Taiwo Taiwo departed from his earlier judgment, which sacked all members of the Cross River legislature on account of defection, and held onto 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 officeholders can only be removed from office on account of death, resignation or impeachment.
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Justice Taiwo said that since defection is not one of the constitutional provisions to remove any governor, no court has the 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 the 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.
The court held that although parties and facts in matters that led to the Court of Appeal’s new decision are fundamentally 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,” Justice Taiwo said.