Gov Umahi, deputy obtain order to remain in office for 7 days; beg court to stop INEC from recognising PDP nominees

Governor David Umahi of Ebonyi State and the deputy governor, Dr Kelechi Igwe, have obtained an interim order from a State High Court that would last for seven days.

The order states that the duo (applicants) shall remain and not be removed from office as governor and deputy governor of the state, respectively.

The order was issued by Justice Henry Njoku, who had on February 28, 2022, ruled in favour of Umahi in a suit filed by the governorship candidate, Sen. Sonny Ogbuorji of All Progressives Congress in the 2019 elections.

“Motion Ex-parte dated and filled on 9th March 2022 and brought pursuant to order 39 rule 3(3) of the High Court rule of Ebonyi state, 2008 and under the inherent jurisdiction of the honourable court coming before His Leadership, Justice Henry Njoku on 10th March 2022 praying the court as follow.”

“An Interim order of the court for seven days (subject to renewal) that in view of its judgement in suit No.HAB/13/2022 delivered on 28th February 2022 being a judgement in rem and having procedure over any subsequent contrary judgement.

“The applicants Engr. David Umahi and Dr Eric Kelechi Igwe shall remain and not removed from office as governor and deputy governor of the state, respectively”, the motion read in part.

Similarly, Governor David Umahi and others have sought an order of the Federal High Court, Abuja, staying the execution of its judgment directing them to vacate their offices over their defection to another political party.

Justice Inyang Ekwo, on Tuesday in a judgment, ordered Umahi, his deputy, Kelechi Igwe, and the 16 lawmakers to vacate their office and seats, following their defection from the Peoples Democratic Party (PDP) to All Progressives Congress (APC).

Mr Ekwo also directed the Independent National Electoral Commission (INEC) to immediately receive from the PDP, names of its candidates to replace them.

Meanwhile, on Thursday in a motion on notice filed by their counsel, Chukwuma Ma-Chukwu Ume, SAN, the applicants prayed the court for an order staying the execution of the orders made against them.

The applicants also prayed the court to stay the execution of its order directing INEC to receive other names in their place or hold a governorship election in accordance with Section 177(c) of the 1999 Constitution.

Messrs Umahi and Igwe, in the motion on notice dated 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 respectively.

They further urged the court to stay the execution of its order restraining the INEC from recognizing or continuing to recognize them as governor and deputy governor of the state.

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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 respectively pending the hearing and determination of the appeal dated and filed on March 9 by the appellants.

Mr 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 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 pending the determination of the appeal filed by them.

The motion which was brought pursuant to Order 26 Rules 1 and 2(1) and Order 32 Rules 1 and 4(1) of the Federal High Court (Civil Procedure) Rules, 2019, is predicated on eight grounds.

The grounds include the fact that the applicants who are dissatisfied with the judgment of the court have appealed the said judgment to the Court of Appeal by filling their notice of appeal dated March 9.

That the notice of appeal has been duly served on all the parties and the court.

That they have also commenced the process for the compilation and transmission of the records of the appeal in the appeal.

It is their prayer that unless execution of the judgment of the court has stayed, the outcome of the appeal filed by them will be rendered nugatory.

The lawyer said that the appeal by his clients raised substantial, recondite, and arguable issues of law with reasonable chances of success.

He further argued that the rights of his clients would be highly jeopardized if the judgment of the court was allowed to be executed before their appeal is heard and determined.

Mr Ume said one of the serious grounds of the appeal was the substantial issue of jurisdiction, which he stated, constitutes exceptional circumstances in consideration to which the law permits the grant of stay of execution pending the hearing and determination of the applicants’ appeal.

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