The motion filed by sacked Governor David Umahi of Ebonyi, seeking a stay of execution of the March 8 judgment, has been struck out.
Justice Inyang Ekwo of a Federal High Court, Abuja, on Monday, 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’s lawyer, Emmanuel Ukala, SAN, did not oppose the application.
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.
The judge also directed the Independent National Electoral Commission to immediately receive from the PDP, the names of its candidates to replace them, among others.
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 other 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.
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.
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.