Court Strikes Out Umahi’s Motion To Stop Execution of Judgment
- Justice Inyang Ekwo of a Federal high Court in Abuja, has struck out the application for stay of execution on the judgment that sacked Dave Umahi
- Umahi and his deputy were sacked from office for defecting from the Peoples Democracy Party (PDP) to the All Progressives Congress (APC)
- The court held that the matter has already been instituted before the Court Of Appeal and as such does not have any business in the court
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A Federal High Court (FHC), Abuja, on Monday, March 21, struck out the motion filed by sacked Governor David Umahi of Ebonyi, seeking for a stay of execution of the March 8 judgment.
Justice Inyang Ekwo struck out the motion after Chukwuma Ma-Chukwu Ume, SAN, counsel for Umahi and his deputy, Kelechi Igwe, prayed the court for the withdrawal of the motion, and the Peoples Democratic Party (PDP)’s lawyer, Emmanuel Ukala, SAN, did not oppose the application.
The News Agency of Nigeria (NAN) reports that the motion for stay of execution was marked: FHC/ABJ/CS/920/21, between PDP Vs. INEC and three others.
Justice Inyang Ekwo had, on March 8, in a judgment, ordered Umahi; his deputy, Kelechi Igwe, and 16 lawmakers to vacate their office and seats, following their defection from the PDP to All Progressives Congress (APC).
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The judge also directed the Independent National Electoral Commission(INEC) to immediately receive from the PDP, the names of its candidates to replace them, among others.
NAN, however, reported that on March 10, Governor Umahi and others had sought an order of the FHC Abuja, staying the execution of its judgment directing them to vacate their offices over their defection to another political party.
In a motion on notice filed by Ume, the applicants also prayed the court to stay the execution of its order directing INEC to receive another names in their place or hold a governorship election in accordance with Section 177(c) of the 1999 Constitution, pending the hearing and determination of the appeal dated and filed on March 9 by the appellants, among others.
NAN reports that Ume also sought a withdrawal of the stay of execution motion filed on behalf of the lawmakers marked: FHC/ABJ/CS/1041 between PDP Vs. INEC and 20 others.
At the resumed hearing, Ume informed the court of his intention to withdraw the two motions for stay of execution dated March 9 on the grounds that an appeal had been entered at the Court of Appeal on the matter.
Counsel for the PDP, Emmanuel Ukala, SAN, did not oppose the application.
In a short ruling, Justice Ekwo struck out the matter.
NAN reports that Ume had, on Wednesday, approached the court to withdraw the stay of execution motion filed on Umahi’s behalf due to a mistake in the application.
Defection: APC plotting 30-year ban for Saraki, Tambuwal, Ortom, others in fresh lawsuit
Meanwhile, Legit.ng had reported that following the recent judgment from the Federal High Court in Abuja evicting Governor David Umahi as the number one citizen of Ebonyi state, the All Progress Congress (APC) is on course to replicate a similar move on some of its members.
The ruling party is taking legal steps that will see former party faithful like Bukola Saraki bag no fewer than a 30-year ban from vying for any elective office, a move prompted by the APC to punish former members who won under its umbrella and defected to another party.
Recall that Senator Bukola Saraki won his election under the umbrella of the APC before defecting to the PDP a few years later. Legit.ng gathered similar fate my befall Aminu Tambuwal of Sokoto state, Samuel Ortom of Benue state, and Godwin Obaseki of Edo state who all defected from the APC to PDP after winning their elections under the ruling party.
Only 'Yahoo Yahoo' governors are supporting Buni - Akeredolu
While reacting to the ongoing crisis in the ruling party, Akeredolu had said “only Yahoo Yahoo governors are with Buni”.
Akeredolu who is the chairman of the Southern Governors’ Forum lambasted Governor Buni for allegedly trying to circumvent the will of party members.
Akeredolu in a statement described happenings within the APC under Buni’s leadership as huge embarrassment.