A federal high court has struck out an application brought
by David Umahi, governor of Ebonyi, and his deputy, Eric Igwe, seeking to stay
execution of the judgment that sacked them from office.
Inyang Ekwo, the judge, had on March 8 sacked the governor
and his deputy from their offices over their defection from the Peoples
Democratic Party (PDP) to the All Progressives Congress (APC).
The judge held that the 393,042 votes polled by Umahi in the
March 2019 governorship election belonged to the PDP and cannot be legally
transferred to the APC.
Consequently, Ekwo ordered the PDP to present another
candidate or in the alternative, the Independent National Electoral Commission
(INEC) should conduct a fresh poll within 90 days.
In a motion on notice filed through their team of lawyers
led by Chukwuma Machukwu-Ume, Umahi and Igwe prayed the court to suspend
execution of the order.
However, at the court session on Monday, the senior lawyer
told the court of his intention to withdraw the application for stay.
He notified the court that an appeal has been entered at the
court of appeal and records of proceedings have been transmitted to the
appellate court.
Machukwu-Ume also applied to withdraw the application
seeking to stay execution of the judgment that sacked 16 members of the Ebonyi
state assembly.
Emmanuel Ukala, PDP counsel, did not oppose the application.
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