Court Judgement: Gov Umahi, Deputy, Seek Stay of Execution After Order Sacking Them From Office
- Following the recent court judgment concerning his mandate, Governor Umahi has had a reprieve in court
- The high court in Abakaliki on Thursday, March 10 granted "judgment in rem" to Governor David Umahi
- The order was in response to an earlier Federal High Court Abuja judgment sacking the governor and his deputy on Tuesday, March 8
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Abakaliki - Governor Dave Umahi 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 of Ebonyi state respectively.
In a motion on notice filed by their counsel, Chukwuma MaChukwu- Ume (SAN), the applicants prayed the court for an order staying the execution of the orders made in the judgment delivered on Tuesday, March 8.
Source: UGC
The presiding judge had directed the Independent National Electoral Commission(INEC) to immediately receive from the Peoples Democratic Party(PDP), the names of its candidates to replace them.
The applicants also prayed the court to stay the execution of its order directing INEC to hold a governorship election in accordance with section 177(c) of the 1999 Constitution.
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In addition, the motion on notice dated Wednesday, March 9 is equally seeking an order staying the execution of the order of the 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 recognizing or continuing to recognize them as governor and deputy governor of the state.
Umahi and his deputy equally asked for an order to stay the execution of an order restraining them from parading themselves as governor and deputy governor of Ebonyi State respectively pending the hearing and determination of the appeal dated and filed on Wednesday, March 9 by the appellants.
Justice Inyang Ekwo was 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 the INEC from using or putting same into effect until the determination of the appeal filed by the applicants.
They further sought 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 Ssate pending the determination of the appeal filed by them.
Court sacks Umahi, deputy over defection from PDP to APC
Legit.ng had earlier reported that a Federal High Court in Abuja sacked Governor Umahi of Ebonyi and his deputy over their defection to the APC.
Justice Inyang Ekwo, in a judgment on Tuesday, March 8, held that their defection was unconstitutional because the PDP won the election on March 2019 and not its candidate.
Having defected to the APC, Governor Umahi and his deputy cannot transfer the mandate of the PDP to the APC, the court held.
Umahi breaks silence, says judge lacks the power to remove him
Reacting to the judgement, Governor Umahi said Justice Inyang Ekwo lacks the power to remove him from office.
The embattled governor also stated that the judge has put the Nigerian judiciary on trial.
He, however, berated the PDP and its lawyers, adding that they misled the Justice Ekwo.
Source: Legit.ng
