How Gov David Umahi shot himself on the foot by violating section 221 of the 1999 constitution

It should be recalled that Governor David Umahi and Igwe his deputy, in November last year, defected from the Peoples Democratic Party (PDP) on whose platform they were elected into office in 2015 and 2019 to the APC. The 15 lawmakers who were elected on the PDP platform had also joined them in dumping the party for the APC. In determination to reclaim its mandates, the PDP used Umahi, and Igwe, in one suit, went further to sue the 15 lawmakers in another suit with the APC and INEC also joined as defendants in the two suits.

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It may interest you to note that Inyang Ekwo, the presiding judge, in his judgment. Declared their seats vacant. He ordered the governor, his deputy, and the affected lawmakers to vacate their offices immediately. M.r Ekwo ordered INEC to receive names of candidates from the PDP to replace Umahi and Igwe.

It would be constitutionally wrong for a person who was not sponsored by one political party, to defect and become a member of another political party before the expiration of the period he was elected. It will interest you to note that with reference to Section 221 of the 1999 constitution, the constitution does not treat the issue of defection lightly. The constitution is put in jeopardy when the will of the electorate who voted for a political party can be brazenly merchandised by candidates without consequence.

Constitutionally, by defecting from the party on which Governor David Umahi, his deputy, and the 15 lawmakers were sponsored and elected, they had resigned or deemed to have resigned from office. More so, the APC cannot govern Ebonyi State through the 3rd and 4th defendants which are David Umahi and Igwe his deputy, when it did not win the election that produced them. Having defected to another party, they cannot hold onto the votes of the plaintiff (PDP) to remain in office.