Governor Dave Umahi of Ebonyi State, his deputy Dr. Kelechi Igwe and the 16 lawmakers who were sacked by the Federal High Court two weeks ago suffered another setback on Monday as Court struck out their applications for stay of execution of the judgment.
The development followed the withdrawal of their separate motions for a stay of execution of the judgment of the Federal High Court sitting in Abuja,by their counsel Chukwuma-Ma Chukwu Ume (SAN).
Justice Inyang Ekwo who granted the withdrawal of the motions for stay of execution of his judgment consequently struk out the motions.
Ume (SAN) who applied for the withdrawal of the motions for stay of execution, had informed the court that his clients, appeals against the court’s judgment has been properly entered before the Abuja division of the Court of Appeal.
He added that all the necessary requirements of the law with respect of a proper filing of an appeal have been met with by his clients.
Ume, who tendered a certified true copies of documents from the Court of Appeal evidencing the proper filing of the two appeals, noted that the appeals have been entered with numbers attached to them.
“My Lord, the record of appeal against the judgment of this court has been transmitted to the Court of Appeal and proper before the Court of Appeal.
This is in line with order 8 of the Court of Appeal rules and order 4 rule 11 of the Federal High Court rules.
” My lord, in line with order 59 of the Federal High Court rules, we apply for the withdrawal of the motion for stay of execution filed on March 9, 2022.,” Ume submitted.
Lead counsel to the Peoples Democratic Party(PDP), Emmanuel Ukala (SAN), did not opposed the withdrawal of the two motions.
Consequently, Justice Ekwo in his ruling struck them out.”Upon been informed that a proper appeal have been entered at the Court of Appeal and having seen the Certificate True Copy of records tendered from the bar, I make an order striking out the motions for stay of execution filed on March 9, 2022, “Justice Ekwo ruled.
In the case of Governor Umahi and his deputy, Ume had in a motion on notice brought pursuant to order 26 rules 1 & 2(1) and order 32 rules 1 & 4(1), of the Federal High Court (Civil Procedure) rules 2019, prayed the court for an order staying the execution of the orders made in the judgment of the court delivered on March 8, 2022.
They are specifically seeking a stay of execution of the order of courtdirecting 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, 2022 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 to stay the execution of its order restraining the INEC from recognizing or continue to recognize them as Governor and Deputy Governor of Eboyi State respectively.
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, 2022, 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 the 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.
With the striking out of the said applications, Gov Umahi ,his deputy and the 16 lawmakers have to pursue their case at the Court of Appeal Abuja Division, even as the Independent National Electoral Commission planned to take decision on the judgment this week.