PBA ReporterJustice Inyang Ekwo of the Federal High Court (FHC) sitting in Abuja has struck out the motion filed by sacked Governor of Ebonyi State, David Umahi who is seeking a stay of execution of the March 8 judgment.
The court had ordered Umahi, his deputy and 16 elected members of the State House Assembly to vacate their office and seats for having defected to the All Progressives Congress (APC) from the Peoples Democratic Party (PDP), the platform through which they won, arguing that they ought to have renounced their positions before switching over.
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The judge also directed the Independent National Electoral Commission (INEC) to immediately receive from the PDP, the names of its candidates to replace Umahi, his deputy, and other House of Assembly members affected by the judgment.
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Umahi on March 10, two days after the court ruling, filed a motion for stay of execution of the judgment.
The motion for stay of execution was marked: FHC/ABJ/CS/920/21, between PDP Vs. INEC and three others.
In the motion, Ume 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 on Monday, Ume informed the court of his intention to withdraw the two motions for stay of execution dated March 9 on the ground 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.
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