There is no constitutional provision preventing a governor of a state from defecting from a party after elections. If anybody has ever seen such a provision let him or her bring it to our notice. In ANPP v Yuguda, the court refused to declare vacant the seat of Governor Yuguda following his defection to PDP. Secondly, the case of Atiku Abubakar v AG Federation is very clear on this. The Supreme Court held that even though it was morally wrong for Atiku to have defected from PDP and still remain in office, there was nothing legally wrong with that. It is my humble submission that the case against the governors will not hold water

When Sahara Reporters said this was coming those 40 laptop e-rat said they are propaganda reporters.
Sahara is the best online news media for Nigerians.

Why are nigerians behaving like illiterate, sevearal governors av defected b4....even during obj nd atiku case....we all knw dat der post is a executive elected office nd its impossible for any court to unseat dem because dey defected 2 anoda party, these governors we talkin abt knws the electoral constitutional rule nd won't defect if there iz anywhere stated dat the seat belongs to d party nd nt d person....PDP has our federal money to waste, dey knw dat wat dey askin 4 iz impossible....pdP are noice makers.....

Elose11:
Nigerians are not illiterate, but I think you are. When these people you mentioned here defected to the PDP, did the PDP stop their parties from going to court? If you don't know your right and I know mine, what is my business with you? Please leave PDP to pursue this case. It wil definitely enrich our democratic credential. If the party wins this case, those others that crossed to PDP will know that their days are numbered. I,like a lot of other Nigerians, votes for the political party we identified with not the individual candidate. For somebody that represent that party to think he can take my mandate to another party is one of the greatest fraud in our political evolution. Therefore, we need the Supreme Court to settle this matter now. Amaechi did not contest the 2007 governorship election in Rivers state. But the Supreme Court gave him the PDP mandate because he is supposed to be their candidate. What happened to Amaechi, now that he has defected to another party. Why is he still enjoying the mandate rivers PDP gave to him in 2011? Nigeria we hail thee!

am sure u don't understand urself or u nt followin nigeria politics cuz u talkin abt amaechi and omehia...omehia left d seat because he didn't contest in the primaries,so he inegible to represent pdp as a candidiate,so his seat was given to amaechi who rightfully won the primaries but was expelled b4 d election nd dats pdp foolishness nd nt defection case, as for defection,several cases as gone to court wit nothing to come home wit...4xample wen atiku defected....so why are pdp wasting our federal money 4 useless cases....fink GEJ/TUKUR PDP has nothing 2 offer us b4 2015....dan this useless trash....don't u guys fink b4 dey can get 2 d end of this cases those governors wud hav finished der tenure dats 2015....fink naa dnt be daft lyk d PDP

kokoA: They have money to waste on legal charges naw. . iLaugh @ PDP.

Yeah - N8tr oil money. They can pursue anything.

here:
There is a reason I don't follow general opinion,I need to see the copy of the judgement and hope you can help me with that.
I have seen the prayers at Appeal and it was about if the President can declare his seat vacant which were in the actions,go through you will find where it's was stated that there is evidence to show both werent in good relationship.
Also notice I didnt cite Imo as I am working on available facts and actions before the court. No PDP is not wasting their time.I also was like how could someone like Obj's lawyer do the submissions he did kowning the outcome, as the court stated " The president has no right under the constitution to declare the VP position vacant"
So we need to know what the prayers were and how many were granted not what most persons here believe.
We cannot keep arguing over a judgement no one has pasted even a paragraph but I suggest you read the Appeal's


Copied from that link I provided
In The Supreme Court of Nigeria
On Friday, the 20th day of April 2007
S.C. 31/2007
Before Their Lordships
Sylvester Umaru
Onu
...... Justice, Supreme
Court
Dahiru Musdapher ...... Justice, Supreme
Court
Sunday Akinola
Akintan
...... Justice, Supreme
Court
Walter Samuel
Nkanu Onnoghen
...... Justice, Supreme
Court
Francis Fedode Tabai ...... Justice, Supreme
Court
Ibrahim Tanko
Muhammad
...... Justice, Supreme
Court
Pius Olayiwola
Aderemi
...... Justice, Supreme
Court
Between
Attorney-General of
the Federation
Inspector General of
Police
Independent
National Electoral
Commission
.......
Appellants
And
Alhaji Atiku
Abubakar
(Vice President,
Federal Republic of
Nigeria)
The National
Assembly of the
Federal Republic of
Nigeria
The President of the
Senate of the
Federal Republic of
Nigeria
Speaker, House of
Representative of
the Federal Republic
of Nigeria
.......
Respondents
Judgement of the Court
Delivered by
Sunday Akinola Akintan
The 1st respondent, Alhaji Atiku Abubakar,
commenced this action by an originating summons
filed on 4 th January 2007 at the Court of Appeal
(hereinafter referred to as the court below). The
action was instituted under the original jurisdiction
of that court provided for in section 239(1) of the
1999 Constitution. His claim before the court is as
follows:
"1. Whether having regard to the
combined provisions of Section 135
and 142 (2) of the Constitution of the
Federal Republic of Nigeria 1999, the
Plaintiffs term of office as Vice
President, Federal Republic of Nigeria
which commenced on 29th of May,
2003 still subsists.
2. Whether having regard to the
provisions of Section 142, 143, 144
and 146 of the Constitution of the
Federal Republic of Nigeria 1999, or
any other provisions of the
Constitution of the Federal Republic of
Nigeria 1999 or any law, the President
of the Federal Republic of Nigeria can
declare vacant the office of the
Plaintiff as Vice President of the
Federal Republic of Nigeria.
3. Whether having regard to the clear
provisions of Section 308 of the
Constitution of the Federal Republic of
Nigeria 1999, the President of the
Federal Republic of Nigeria can
withdraw, tamper or interfere with or
violate the immunity conferred on the
Plaintiff as the Vice President of the
Federal Republic of Nigeria by that
section and or direct his arrest or
prosecution.

Claim 1 being the crux of the case was resolved in favour of Atiku.It effectively says no executive officeholder can be removed from office except in compliance with provisions of the Constitution. That is,by impeachment,death,resignation,permanent incapacitation or removal by an Electoral Tribunal.
I'm still looking for links to the judgement so I can post relevant portions here.

pokur:
Claim 1 being the crux of the case was resolved in favour of Atiku.It effectively says no executive officeholder can be removed from office except in compliance with provisions of the Constitution. That is,by impeachment,death,resignation,permanent incapacitation or removal by an Electoral Tribunal.
I'm still looking for links to the judgement so I can post relevant portions here.

www.nigeria-law.org/Attorney-General%20of%20the%20Federation%20&%20Ors%20v%20Alhaji%20Atiku%20Abubakar%20&%20Ors.htm

Delafruita: as referenced in the case you quoted,defendants included the FG,the AGF and the IGP.much as atiku's intention was to seek an interpretation of the constitution as regards his crosscarpeting and declaration of his seat as been vacant,we should not lose sight of the fact that the AGF been listed as a defendant along with the FG and INEC technically means it isn't just a case of the legality or otherwise of his seat been declared vacant by the president,it has more to do with his seat been declared vacant by whomever.

Like I said earlier,pdp is on a wild goose chase the only purpose of which will be academic at best.it will be wrong for anyone to make reference to amaechi v omehia/pdp/inec in support of the suit filed by pdp

Nowhere from sections 176-191 is crosscarpeting listed as a reason for a seat to be declared vacant.sections 188 and 189 detail conditions under which a governor may be removed and decamping is none of them.

Nice we are agreeing on something.
His seat was declard vacant and his rights withdrawn,he would have gone to court restraining the President/PDP and ask the Judge to do that through an order without the other party being heard but his lawyers were sound and saw an opening.
In this case I cannot even takeup the case because will not end well.Yes I understand anyone's sentiment but like in the days of Obj,he knew he was wrong but if for 3 months he can keep Atiku away from state power he considered ot an achievement.
I am only predicting these govs will not be in office at either at this court or appeal,its the same game keep them away for a time and see how you can weaken them even if for a moment.Look at what happened,as at when Atiku got his judgement he was in UK,if you can keep them away from allocation for 2 months many of them will travel out.
Understand where I am going,its a game not what we believe.

pokur:
Claim 1 being the crux of the case was resolved in favour of Atiku.It effectively says no executive officeholder can be removed from office except in compliance with provisions of the Constitution. That is,by impeachment,death,resignation,permanent incapacitation or removal by an Electoral Tribunal.
I'm still looking for links to the judgement so I can post relevant portions here.

Please do but understand my stand,in that case his seat was dclared vacant by the President who the court held he doesnt have such power and the constitution said a President's nomination is only valid when he has nominated a vice so you see thats the courts definition of Executive office but here the main man has left the party who owns the mandate and his vice hasnt and even if the vice has the next man in rank the speaker might still be there.Its simple case of interpretation,that's why there are courts you know.
The court would have to interprete the judgement you want us to believe that is if it will be cited.
What I think anyone who has foresight shoule be asking is then they should also have asked the court to compel INEC to allow them do another primaries should a case arise where the Gov,Vice and other ranks declared by the constitution to take over have also left the party.

P.DP to court, order the removal of 5 governors for defecting to the A.P.C. I think, this is another legal tusle, that gulp the whole of 2014 and part of 2015:. Because, even the 1999 Constitution, is silent on political defection. The People's Democratic Party by the way, benefited imensely from political defection or simply put, cross-carpeting. Former aviation minister Isa Yuguda won the Bauchi State governorship election in 2007, on the platform of the A.N.P.P. But shortly after he was sworn in, he decamped to the P.D.P. Former Imo state governor Ikedi Ohakim, Governor Theodore Oji of Abia state, also defected to the P.D.P., upon winning their governorship contest on the platform of the Progressive People's Alliance. So now, it is the turn of the P.D.P, to taste this bitter pill. This what you get, when you operate a system saturated with unprincipled politicians, and an Electoral Act that does not support independent candidacy.

ARE YOU SEEING WHAT NIGERIA IS DEGENERATING TO? CRISIS OF THE HIGHEST ORDER. THERE IS ARNACHY LOOMING IN THE COUNTRY. TOO MANY THINGS HAPPENING AT THE SAME TIME. GOD HAVE MERCY ON US. 2015 LOADING............ [color=#990000][/color]

@topic, it's about time.

WE SHOULD NOT BE TALKING OF CASES BEFORE THE ELECTORAL ACTS WERE REVIEWED. TO AVOID CROSS CARPETING WHICH MOST OPPOSITION PARTIES SUFFERED IN THE PAST, THE ACT WAS REVIEWED THAT TICKET NOW BELONG TO A PARTY NOT THE OFFICE HOLDER. THEREFORE, PDP HAS A CAUSE TO GO AND RETRIEVE THEIR MANDATE FROM THE G5.

ibsmooth: What is wrong with this PDP led government.Do you guys think Nigerians are illitrates like must of you or our sense of purpose is dead.Their thought process is either sick or dead.What happens to Isah Yuguda of Bauchi state who was elected Governor on the platform of ANPP but defected to PDP?what about MHA and Senators who cross-carpeted from other parties to PDP?please GEJ and his kitchen cabinet should either reconcile with his party men or keep quite.If you think GEJ led PDP is confused,please click like

Even former governor of zamfara mamuda shinkafi waz elected under ANPP and ltr defect to PDP and in 2011 yarima of zamfara wrestle him and get back d seat to ANPP again. PDP r sick and confused

ekhai: WE SHOULD NOT BE TALKING OF CASES BEFORE THE ELECTORAL ACTS WERE REVIEWED. TO AVOID CROSS CARPETING WHICH MOST OPPOSITION PARTIES SUFFERED IN THE PAST, THE ACT WAS REVIEWED THAT TICKET NOW BELONG TO A PARTY NOT THE OFFICE HOLDER. THEREFORE, PDP HAS A CAUSE TO GO AND RETRIEVE THEIR MANDATE FROM THE G5.

WTH are you talking about?? how can the mandate belong to the political party?? its never done.

leggo:
WTH are you talking about?? how can the mandate belong to the political party?? its never done.

That was the premise for the Amaechi vs Omehia ruling. That is also the premise for the requirements in the 1999 constitution, section 68 (1) (g) and section 109 (1) (g).

with a relevant section of the constitution being valid as regards this case, PDP should pursue this to a logical conclusion

here:
Nice we are agreeing on something.
His seat was declard vacant and his rights withdrawn,he would have gone to court restraining the President/PDP and ask the Judge to do that through an order without the other party being heard but his lawyers were sound and saw an opening.
In this case I cannot even takeup the case because will not end well.Yes I understand anyone's sentiment but like in the days of Obj,he knew he was wrong but if for 3 months he can keep Atiku away from state power he considered ot an achievement.
I am only predicting these govs will not be in office at either at this court or appeal,its the same game keep them away for a time and see how you can weaken them even if for a moment.Look at what happened,as at when Atiku got his judgement he was in UK,if you can keep them away from allocation for 2 months many of them will travel out.
Understand where I am going,its a game not what we believe.

let's even assume that that the pdp is successful at the high court,it goes without saying that the governors reserve the right to go to the court of appeal while also seeking a stay of execution which will definitely be granted pending etermination at the appeal court.even if the pdp is successful at appeal,the supreme court is next.thie case cannot be concluded before the expiration of their tenures.however,the only positive to be gained from a pdp victory will be a better understanding and interpretation of sections 178-191 especially as regards political parties fielding candidates.besides with the amendment of the electoral law to allow for independent candidates,the era of political parties been all powerful might soon be at an end

Raggedy_Ann:


That was the premise for the Amaechi vs Omehia ruling. That is also the premise for the requirements in the 1999 constitution, section 68 (1) (g) and section 109 (1) (g).

the premise of amaechi v omehia was more about who the right candidate is.it wasn't about who the mandate belonged to.the major reason the supreme court indicated that amaechi v omehia could not be cited as a precedent was that the honourable justices of the supreme court in their wisdom decided not to order for fresh elections but rather apply the logic of the political party.they based their judgement on the fact that since there cannot be a lacuna,and they have already nullified the substitution of amaechi's candidature by pdp and inec,in the eye of the law,amaechi was the candidate of pdp for that election and should immediately be sworn in

Jman06: This is the right step in the right direction. The court should do the needful and sack those greedy governors.

SACK? As if u are d preciding judge.

The only way I repeat the only way to remove an ELECTED Governor or Presisent from office is only through impeachment. Amaechi versus Omehia case was purely PRE-ELECTiON matter based on who was the Valid candidate for th primary election of a Party, which mean without a valid primary election u can never become a Gubernatorial candidate of any party. That was purely some of Obasanjo dictatorship and lawless attributes as at then

idpapa2006: Why are nigerians behaving like illiterate, sevearal governors av defected b4....even during obj nd atiku case....we all knw dat der post is a executive elected office nd its impossible for any court to unseat dem because dey defected 2 anoda party, these governors we talkin abt knws the electoral constitutional rule nd won't defect if there iz anywhere stated dat the seat belongs to d party nd nt d person....PDP has our federal money to waste, dey knw dat wat dey askin 4 iz impossible....pdP are noice makers.....

Jonathan met with the Queen of England.

He asked her, "How do you run such an efficient government? Are there any tips u can give to me? I want to help Nigeria."

"Well," said the Queen, "the most important thing is to surround yourself with intelligent people."

Jonathan frowned, and then asked,"But how do i know the people around me are really intelligent?"

The Queen replied, "Oh, that's easy, you just ask them to answer an intelligent riddle." The Queen pushed a button on her intercom. "Please send David Cameron in here, would you?"

David Cameron walked into the room and said,"Yes, your majesty?"

The Queen smiled and said, "Answer this riddle. David, your mother and father have a child, it is not your brother and it is not your sister. Who is it?" Without pausing for a minute David Cameron answered, "that would be me."

"Yes, very good," said the Queen.

Jonathan went back home to ask his Vice President Sambo.

JONATHAN: Answer this. Your mother and your father have a child, it's not your brother and it's not your sister, who is it?

SAMBO: "I'm not sure, let me get back to you."

He asked all his staff in the Office but none could give him an answer. Finally, one day, VP Sambo ran into Dora Akunyili. Sambo asked, Dora,

SAMBO: Your mother and father have a child and it's not your brother or sister, who is it?"

Dora answered sharply, "That's easy, its me!" Sambo smiled,and said "Thanks!"

Then he went back to speak with President Jonathan.

Sambo: Sir, I have the answer to that riddle, It's Dora Akunyili!

Jonathan got angry,he said to Sambo. "No wonder Nigeria isn't moving forward, I am surrounded by Dummies! The answer is David Cameron!"

WHO IS MORE INTELLIGENT?

Jman06: You are the one who is displaying gross illiteracy here,why have you choosen to ignore the provisions of the constitution on the matter but based your argument only on precedence? You are obviously ignorant of the fact that even going by precedence, the supreme court while passing its verdict on the Amaechi vs Omehia case made it very clear that the mandate belonged to PDP and not for Amaechi. Try and get some education and stop exposing your ignorance on a public forum like this.

show me where in the constitution you got this.
stop barking about the omehia case that is an entirely different matter. get learned or stfu

dridowu: guy do u remember Ikedi ohakim, theodore orji, isa yaguda, obanikoro etc i blve u understand what i mean. The case of omehia and amechi is a case of name of substitution during primary election not about defection

Its the same thing

Deevee29:
There is no constitutional provision preventing a governor of a state from defecting from a party after elections. If anybody has ever seen such a provision let him or her bring it to our notice. In ANPP v Yuguda, the court refused to declare vacant the seat of Governor Yuguda following his defection to PDP. Secondly, the case of Atiku Abubakar v AG Federation is very clear on this. The Supreme Court held that even though it was morally wrong for Atiku to have defected from PDP and still remain in office, there was nothing legally wrong with that. It is my humble submission that the case against the governors will not hold water

Please I need the full citation of the Atiku's case stated above: thank you.