Governor David Umahi of Ebonyi has approached the Abuja Division of the Federal High Court to withdraw a stay of execution motion he filed due to a mistake in the application.
Chukwuma Ma-Chukwu Ume, a counsel to Mr Umahi and his deputy, Kelechi Igwe, told Justice Inyang Ekwo at the mention of the suit on Wednesday.
When the case was called, Mr Ume informed the court that he had withdrawn the earlier motion to replace it with a new one.
He said the development was because a mistake occurred in the earlier stay of execution motion, especially in the spelling of Mr Umahi’s name.
The senior lawyer said that though the Peoples Democratic Party (PDP) served them with their counter affidavit yesterday (Tuesday), they sought to replace their motion with another due to the spelling error.
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Counsel to the PDP, James Onoja, also informed the court of their intention to respond to the new motion on stay of execution filed by Messrs Umahi and Igwe.
Other parties, in addition, said they were yet to respond to the applicants’ motion.
Mr Ekwo adjourned the matter until March 21 to enable the respondents to file a counter to the application for stay.
Mr Ekwo had, on March 8, in a judgment, ordered Messrs Umahi, Igwe, and 16 lawmakers to vacate their office and seats, following their defection from the PDP to All Progressives Congress (APC).
The judge also directed the Independent National Electoral Commission (INEC) to immediately receive from the PDP, the names of its candidates to replace them.
On March 10, Mr Umahi and others had sought an order of the court, 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 their counsel, Ume, the applicants also prayed the court to stay the execution of its order directing INEC to receive another name in their place or hold a governorship election in accordance with Section 177(c) of the 1999 Constitution.
Umahi and Igwe, in the motion on notice dated March 9 equally sought 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 respectively.
They further urged the court to stay the execution of its order restraining the INEC from recognising or continuing to recognise them as governor and deputy governor of the state, pending the hearing and determination of the appeal dated and filed on March 9 by the appellants, among others.
NAN
