March 21, (THEWILL) – The presiding judge of the Federal High Court (FHC), Abuja, Justice Inyang Ekwo on Monday, dismissed a ‘stay of execution’ order, filed by David Umahi, seeking to stop the execution of the March 8 judgement sacking him and his deputy from office.
The motion marked: FHC/ABJ/CS/920/21, was struck out 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 (PDP)’s lawyer, Emmanuel Ukala, SAN, did not oppose the application.
THEWILL reports that Justice Inyang Ekwo had on March 8, 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 (APC).
Justice Ekwo also directed the Independent National Electoral Commission(INEC), to immediately receive from the PDP, the names of its candidates to replace them, among others.
Dissatisfied with the ruling, Governor Umahi and others had March 10, sought an order of the FHC Abuja, staying the execution of its judgement, 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 another 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.
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.
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.
