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A Federal High Court in Abuja has dismissed a motion on notice which was filed by Ebonyi State Governor, David Umahi, which sought to stay the execution of a judgment removing him from office.
The Eastern Updates reports that Justice Inyang Ekwo threw out the motion on Monday following the withdrawal of the suit by the plaintiffs.
Governor Umahi and his deputy, Kelechi Igwe who were represented by a Senior Advocate of Nigeria (SAN), Chukwuma Ma-Chukwu Ume, informed the court of the new development which led to the dismissal of the motion.
According to the lawyer, the decision by both men was hinged on the fact that they have now approached the Court of Appeal, Abuja Division, to set aside the March 8 decision of the court which removed them from office, to ensure they are reinstated.
Ume had prayed the court for the withdrawal of the motion, a request that was not objected to by another SAN, Emmanuel Ukala, who is the legal representative of the Peoples Democratic Party (PDP).
In a short ruling, Justice Inyang struck out the motion, with the focus now turned to the appellate court in the quest to reinstate the sacked governor and his deputy.
This comes two weeks after the court sacked Umahi and Igwe as governor and deputy governor of Ebonyi State respectively, on the request of the PDP after both men defected to the All Progressives Congress (APC) in November 2020.
Relying on Section 221 of the Constitution, Justice Ekwo had ordered the PDP to immediately send names of replacements to the Independent National Electoral Commission (INEC) and ordered the governor and his deputy to vacate their offices.
However, in the motion on notice dated March 9 which was sighted by The Eastern Updates, Umahi and Igwe prayed the court for an order staying the execution of its orders made the previous day.
They had also asked 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.
The Eastern Updates reports that among several other prayers, the governor and his deputy also sought an order staying the execution of the order of the court directing the electoral umpire (INEC) to immediately declare the persons nominated by the PDP as governor and deputy governor of Ebonyi State respectively.
THE EASTERN UPDATES