The Federal High Court Abuja has fixed Friday to deliver Judgment in suit brought by the PDP against Governor Ben Ayade seeking an order directing him and his deputy, Ivara Esu, to vacate office over their defection to the ruling party – All Progressives Congress.
Governor Ben Ayade who was elected on the platform of the PDP in 2015 and 2019, defected to the APC on May 20, 2021, along with his deputy.
A federal High in Abuja presided over by Justice Taiwo Taiwo had sacked 20 lawmakers from Cross River State House of Assembly state who defected alongside the governor to the APC.
Taiwo is also the judge in the suit seeking Ayade’s removal.
In the suit to be determined on Friday, the PDP is praying 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.”
The main opposition party is also seeking an order directing the first defendant (INEC) “to immediately receive from the plaintiff (PDP), the name of its candidates to replace the 3rd and 4th defendants (Ayade and Esu) for the purpose of utilising the lawful votes cast in favour of the plaintiff or in the alternative directing the 1st defendant to hold a gubernatorial election for Cross River State in accordance with Section 177 © of the Constitution (excluding the 3rd and 4th defendants who are disqualified from participating in the election by virtue of Section 192 (1) (b) of the Constitution) arising from abandonment of the majority lawful votes and the offices occasioned by the action of the 3rd and 4th defendants by reason of their becoming members of the 2nd defendant who did not win majority of the lawful votes cast at the election”.
