By Ise-Oluwa Ige
ABUJAâ€” A Federal highÂ court sitting in Abuja yesterday threw out a suit filed by the All Nigeria Peoples Party, ANPP, challenging the defection of Bauchi State Governor, Mallam Isa Yuguda from the party to the ruling Peoples Democratic Party, PDP.
The trial high court judge, Justice Mohammed Garba Umar terminated the suit yesterday in a judgment.
He though said that the defection of Yuguda from ANPP to PDP was morally reprehensible, he nonetheless said it was not unconstitutional.
Although the ANPP has the right of appeal to the Supreme Court, it is not clear whether the political party will exercise the constitutional right.
The ANPP filed the suit challenging the defection of Governor Yuguda from ANPP to PDP.
The party asked the court to declare his office vacant on the account of his defection from the party, on whose platform he contested and won the election to another party.
Justice Umar, in his judgment, which lasted for about an hour said that Yuguda could not be punished for decamping from ANPP to PDP.
The court held, â€œeven though the defection of the 1st defedant (Yuguda) in this matter is morally reprehensible, it is not unconstitutional. The 1st defendant cannot be punished for decamping from ANPP to PDP, even though he won the election on the platform of the ANPP.
â€œThe Independent NationalÂ Electoral Commission, INEC, cannot on the basis of his defection from ANPP to PDP withdraw his Certificate of Return.