Ebonyi State Governor Dave Umahi has appealed the Federal High Court judgement which sacked him and his deputy Eric Igwe from office.
The court sacked them for defecting to the All Progressive Congress (APC) from the People’s Democratic Party (PDP).
Umahi and Igwe listed eight grounds of appeal against the lower court’s judgment.
In the appeal document, Umahi and his deputy argued that the trial court was virtually setting aside the Supreme Court’s decision in the case involving the Attorney General of the Federation and former vice president, Atiku Abubakar, to the effect that there is no constitutional provisions prohibiting president or vice and invariably the governor and or deputy governor from defecting to another political party.
The Ebonyi governor and his deputy stated that the trial court erred in law when it relied on sections 68 and 109 of the constitution in holding that, having defected from the PDP to the APC, he offended the provisions of the constitution and must vacate his office.
They further submitted that there is no provision in the constitution that states that a governor or deputy governor will vacate his office if he defects from his political party to another political party.
Umahi and his deputy asked the appellate court to set aside the judgement of the Federal High Court.
A Federal High Court sitting in Abuja on Tuesday ordered Umahi and his deputy, Dr Eric Kelechi Igwe, to immediately vacate office as governor and deputy governor.
The court ordered the Peoples Democratic Party to nominate candidates to replace Umahi and Kelechi as Governor and deputy governor of Ebonyi state respectively.
The court said the PDP should send such names to the Independent National Electoral Commission (INEC).