Hon. Justice Inyang Ekwo of the Federal High Court, Abuja, on Monday struck out an application by the embattled Ebonyi State Governor, David Umahi, and his deputy, Kelechi Igwe, seeking to stop the execution of the court judgment removing them from office.
Recall that the Ebonyi State governor, his deputy and 16 lawmakers of the Ebonyi State House of Assembly were removed from office by the court on account of their defection from the Peoples Democratic Party (PDP), the political platform upon which they were elected into office, to the All Progressives Congress (APC).
The judge threw out the suit following confirmation that a valid appeal had been entered at the Court of Appeal, Abuja division, challenging the verdict that sacked them for defecting from the Peoples Democratic Party (PDP), to the All Progressives Congress (APC). After several minutes of arguments by Chukwuma Machukwu Umeh (SAN), counsel to the governor and the deputy as well as Chief James Ogwu Onoja (SAN) for PDP, the attention of the court was drawn to the substantive appeal already pending at the Court of Appeal.
Ume thereafter applied for withdrawal of the application to enable his clients to focus and concentrate on the substantive appeal. The request was not opposed by the PDP counsel prompting Justice Ekwo in a brief ruling to strike out the suit.
Justice Ekwo ordered Governor Umahi and his deputy to shift their legal battle against the judgment that sacked them to the appellate court. A similar decision was invoked in another application for judgment stay by the sacked 16 lawmakers of the Ebonyi State House of Assembly.
