Court Ruling: Umahi, Deputy Apply For Stay Of Execution Of Judgment

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Governor David Umahi of Ebonyi State and his deputy, Dr Kelechi Igwe, have asked a Federal High Court for an order staying the execution of its judgment directing them to vacate their offices over defection.

In a motion on notice filed by their counsel, Chukwuma Ma-Chukwu Ume (SAN), the applicants further prayed the court for an order staying the execution of the orders made in the judgment delivered on March 8, 2022, directing the Independent National Electoral Commission (INEC) to immediately receive from the Peoples Democratic Party (PDP), the names of its candidates to replace them.

They also want 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 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.

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.

Governor Umahi, his deputy and the 16 members of the state legislature, who were on Tuesday removed from their offices by the court for defecting to the APC, are further contending that they have since appealed the orders of the court.