The 1999 Constitution of the Federal Republic of Nigeria (as amended) provides for the removal of the Governor or Deputy Governor of a state only in two sections, that is section 188 which provides for the removal of the Governor/Deputy Governor through impeachment by the State House of Assembly and in section 189 which provides for the removal of the Governor/Deputy Governor by the State Executive Council on the groud of permanent incapacity.

Apart from the provisions mentioned above, there is no other groud for the removal of the Governor provided by the Constitution except the Governor resigns his position or is dead, see Section 306 and 181 of the 1999 Constitution.

The Supreme Court in the celebrated case of ATTORNEY-GENERAL OF THE FEDERATION & 2 ORS V. ALHAJI ATIKU ABUBAKAR & 3 ORS (S.C. 31/2007) [2007] NGSC 118 (20 APRIL 2007) held inter alia that there is no express provision of the vacation of office of the vice president upon defection from his sponsoring political party to a rival party. The vice president can only resign from office as per the provisions of section 306 of the Constitution. The other clear provision relating to cessation of office and removal from office is said to be impeachment in sections 143 and 144 of the Constitution.
Accordingly, the appeal was dismissed.

The decision of the Supreme Court above also applies to the Governor/Deputy Governor of a state because the Constitution provides for right to freedom of association which includes political parties in Section 40.

In summary, section 1(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) provides that:

"This Constitution is supreme and its provisions shall have binding force on the authorities and persons
throughout the Federal Republic of Nigeria."

It further provided in Section 1(3) that:

"If any other law is inconsistent with the provisions of this Constitution, this Constitution shall
prevail, and that other law shall, to the extent of the inconsistency, be void.

The question begging for answer is: "the declaration of the seat of the Governor/Deputy Governor of Ebonyi State vacant, is it in line with the provisions of the Constitution?

K.O Elechi

The judge that gave the judgment is insane. There is no lawbthatbgives federal high court power to sack a state governor. It's illegal

The same court declared Aregbesola and oshiomole as Governor of thier respective state.

Umahi is going no where

The court says umahi can not transfer votes given to him on PDP platform to APC.In this case,I think it's technically right.