REVISITING THE JURISPRUDENCE OF POLITICAL DEFECTION IN NIGERIA: THE CASE OF PDP V INEC & 3 ORS SUIT NO: FHC/ABJ/CS/920/2021 IN PERSPECTIVES

Abstract

The Federal High Court of Nigeria, Abuja Division on the 8th Day of March, 2022, delivered a judgement sacking the Governor of Ebonyi State Dr David Umahi. The judgement further ordered that INEC shall replace Governor Umahi as Governor of Ebonyi State with a PDP candidate. This judgement generated lots of controversies and intellectual polemics. While some were in support of the judgement, others were opposed to it. This development prompted the question on whether the said judgement of the Federal High Court was done in aberration or compliment of the 1999 Constitution of the Federal Republic of Nigeria. It was from this background that this paper drew its inspiration. This paper was aimed at exploring the legal positions regarding defection of political office holders such as those in the executives. The work established that while Nigeria’s constitution legalized the sacking of legislatures whenever they defected from the party that brought them into power, the constitution does not penalize the President, Vice President, Governors and Deputy Governors. The work deployed the use of statutes, case laws,