Umahi, Deputy Get Court’s Nod To Remain In Office

Umahi, Deputy Get Court’s Nod To Remain In Office

Governor David Umahi of Ebonyi and his deputy, Kelechi Igwe, have asked the Federal High Court for an order staying the execution of its judgment directing them to vacate their offices as governor and deputy governor of the state respectively.

In a motion on notice filed by their counsel, Chukwuma Ma-Chukwu Ume, the applicants further prayed the court for an order staying the execution of the orders made in the judgment delivered on March 8, 2022, directing the Independent National Electoral Commission (INEC) to immediately receive from the Peoples Democratic Party (PDP), the names of its candidates to replace them.

The court is also prayed to stay the execution of its order directing INEC to hold a governorship election in accordance with Section 177(c) of the 1999 Constitution.

In addition, the motion on notice dated, March 9, is equally seeking an order staying the execution of the order of court directing INEC to immediately declare the persons nominated by the PDP as governor and deputy governor of Ebonyi State respectively.

They further urged the court to stay the execution of its order restraining INEC from recognising or continue to recognise them as governor and deputy governor of Eboyi State respectively.

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They equally asked for an order staying the execution of an order restraining them from putting themselves out as governor and deputy governor of Ebonyi State respectively pending the hearing and determination of the appeal dated and filed on March 9, by the appellants.

Justice Inyang Ekwo is further urged to grant an order restraining the PDP from submitting any names to the INEC for the purpose of declaring them as governor and deputy governor of Ebonyi State in replacement of the applicants and if already submitted and accepted, an order of injunction restraining INEC from using or putting same into effect until the determination of the appeal filed by the applicants.

They are further seeking an order restraining the INEC from conducting elections into their offices and or declaring the names of any candidate presented by the PDP as the governor and deputy governor of Ebonyi State pending the determination of the appeal filed by them.

The motion which was brought pursuant to order 26 rules 1 and 2(1) and order 32 rules 1 and 4(1) of the Federal High Court (Civil Procedure) Rules 2019, is predicated on eight grounds.

The grounds include the fact that the applicants who are dissatisfied with the judgment of the court have appealed the said judgment to the Court of Appeal by filling their notice of appeal dated, March 9.

That the notice of appeal has been dully served on all the parties and the court.

That they have also commenced the process for the compilation and transmission of the records of the appeal in the appeal.

It is their prayer that unless execution of the judgment of the court has stayed, the outcome of the appeal filed by them will be rendered nugatory.

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Ume noted that the appeal by his clients raises substantial, recondite and arguable issues of law with reasonable chances of success.

He further argued that the rights of his clients will be highly jeopardised if the judgment of the court is allowed to be executed before their appeal is heard and determined.

Similarly, the 16 lawmakers of the House of Assembly who were ordered to vacate their seats have equally filed a motion of stay of execution of the judgment.

Counsel to the lawmakers, Ume, in a motion on notice dated, March 9, prayed the court for an order staying the execution of the judgment as it affects the lawmakers.

The lawmakers have equally filed an appeal against the judgment of the Federal High Court.

Meanwhile, in a dramatic twist, the Ebonyi State High Court has given Governor Umahi, and his deputy, Kelechi Igwe a glimpse of hope, as the court has asked them not to vacate their offices.

The trial judge, Justice H. A. Njoku, on Thursday, said that its judgment of February 28, 2022 on defection of the duo and the lawmakers to APC remains valid as a judgement in rem, which is binding on all parties, persons and authorities.