By PATRICK ABANG, Calabar –
The impending judgement of the Federal High Court Abuja over the defection of Governor Ben Ayade of Cross River State and his deputy has sent fear and apprehensions to political office holders and the All Progressives Congress (APC) stakeholders in the state.
The fear of the unknown they say is the beginning of wisdom as political office holders and stakeholders from the APC in Cross River State are uncertain about the outcome of March 28 judgement instituted by the opposition People’s Democratic Party (PDP) against Governor Ben Ayade and 18 lawmakers for defecting to the APC.
Though many legal practitioners and constitutional lawyers have given their opinion on the subject matter which is defecting from one political party to another after being elected from another party.
Barrister Joseph Oloko, a constitutional lawyer and a Calabar based legal practitioner, said defection if not properly done could be a breach of the 1999 Constitution.
According to him, though the constitution does not expressly state anything as it concerned elected executive, section 109 of the 1999 talk about the defection of the legislature and not the elected executive be it governor, president or vice president and deputy governor respectively.
The legal luminary noted that socketing to the centre is not a legal reason for defection as Governor Ayade has stated that the reason for which he left the PDP was to socket to the centre
He also hailed the Abuja Federal High Court’s Judgment delivered by Justice Inyang Ekwo. According to him, the Justice Ekwo got it totally right and the judgment is sacrosanct.
In his words, “Socketing to the centre is not a legal reason for defection. When you want to defect as a legislator, the provision of Section 109 of the constitution comes to play.
“It tells you how you must defect. For it to be successful, there must be division at the national level of your party”.
“At the time they defected, the PDP was a very peaceful party without division and the national chairman, Uche Secondus was doing well”.
“When they defected, they said they were socketing to the centre but socketing to the centre is not one of the conditions listed in Section 109 for defecting”, he said.
On the recent Federal High Court Judgment, he said ” It is clear that the decision of Justice Ekwo is very sacrosanct.
“People talk about Section 308 which gives immunity and refer to Atiku Abubakar’s case, but I want to say how was the immunity derived? What generated that immunity is it not the election?, He queried.
He also explained that the PDP as a party has several thousands of people and even though one may be the leader of the party, his right is not different from that of any other member of the party.
Cross River APC stakeholders rally support for Ayade over Umahi’s treatment.
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But stakeholders and Ayade political office holders do not agree with his view and opinion. They insisted that the constitution is very clear about defections. They say at the time Ayade defected, PDP was in crises both in the state and National leading to the removal of its Chairman Uche Secondus.
Rallying support for Governor Ben Ayade has become imperative especially stakeholders from the Southern Senatorial District whom the governor had promised to hand over to in 2023.
Former Senator Bassey Otu, Edem Okokon, Asuquo Ekpeyong, Florence Giwa, Architect Bassey Ndem, who are all interested in the governor’s seat are drumming support for Ayade to enable him finished strong.
According to Senator Bassey Otu, the political trajectory in Cross River State is on a daily basis being systematically assaulted by people who cannot lay claim to civilized conduct or popularity. Thankfully, the state is under the firm control and leadership of a determined and completely unbiased leader in the person of His Excellency, Senator (Prof.) Ben Ayade, Governor of Cross River State.
He has made it abundantly clear in several fora that for the sake of equity, justice and fair play, power should revert automatically back to the south as the 3 senatorial zones would have had an 8 year shot each at the governorship position between 1999 – 2023. This well informed decision of the Governor receives a standing ovation each time he makes the repeated pronouncement on the zoning formula, which obviously indicates acceptability by all and a vote of confidence in his leadership qualities.
As a law abiding, responsible and loyal party member, “I, Senator Bassey Edet Otu, hereby call on my teeming supporters, men and women of goodwill and indeed, all other Cross Riverians to join hands and vehemently support His Excellency, Prof Ben Ayade in his forthcoming judgement slated for next week. Cross Riverians have demonstrated over time that leadership at all levels ought to be supported to ensure all round development and the tenure of office and leadership style of Sen. Prof. Ben Ayade cannot be jettisoned at this critical time in our state’s political equation. Cross River is the only state we have and as such, we must do everything possible to stabilize it for both our present and future generations as the state is not for sale.
“External forces, in conjunction with saboteurs and misguided politicians must not be allowed to derail our collective lofty dreams. The firm and fearless protection of our territorial integrity must be defended with every ounce of our energy. Together we defend, and together, we shall emerge victorious. A united front can never be subdued by the enemy and no man can play God with unwarranted impunity and with such reckless abandon as he or she pleases”.
” In a democratic setting like ours, dissenting voices and divergent opinions abound, but having taken a decision, my take is that we should all move on and support the prevailing decision of His Excellency, the Governor in order to encourage, support and rally round him as the undisputed leader of the party in the South South geopolitical zone of the country. I am equally confident that whatever differences we may have at the moment will be amicably resolved at the appropriate time”.
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“Let me finally use this medium to assure and reassure His Excellency Sen.Prof. Ben Ayade of the unalloyed support and loyalty of all my teeming supporters and I in the forthcoming judgement which we look forward to with renewed hopes and confidence in his leadership and patriotic zeal. Cross River State is safe under Governor Ben Ayade and we cannot but stand with him through thick and thin”.
The judgment of the Abuja Federal High Court which sacked the Ebonyi State governor David Umahi packing out from the government house because he decamped from the PDP to the APC is similar with his Cross River State counterpart Ben Ayade and the 18 lawmakers who defected with him to the APC.
Recalled that the PDP instituted a case in October 2021 against some governors of the APC who left the PDP for ruling APC in 2021, where the PDP had challenged the governors’ defection to the APC.
The PDP had in Suit No.FHC/ABJ/CS/975/2021 in Abuja High court prayed the court to send the Cross River State governor, Senator Prof..Ben Ayade and his deputy Prof.Ivara Esu packing for leaving the PDP, a party that the duo won governorship election to assume office of state governor.
The Independent National Electoral Commission (INEC), the APC, Gov. Ben Ayade are defendants in the suit..
But the PDP led counsel Emmanul Uka SAN, whose argument is hinged on the fact that that Governor Ayade should be serve with same measure of punishment served to the Ebonyi State Governor David Umahi, who fled with the mandate he got on the platform of the PDP to the APC, for daring to transfer the mandate to the APC.
The PDP, however, urged the court to issue “a judicial declaration giving the PDP an opportunity to nominate a replacement to the seat of the governor and the deputy governor in Cross River State.
“A declaration that, in view of the provisions of Section 221 of the Constitution, stressing that under the nation’s democratic system, 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.”
Ruling on the matter is slated on the 28th March 2022.
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