Technocrat Media, Ebonyi
The embattled governor of Ebonyi State, Dave Umahi alongside his deputy, Eric Igwe, has secured an interim order of a high court in Ebonyi to remain in office after a sack by an Abuja court.
The presiding judge, Henry Njoku had in February dismissed a suit asking for the sack of the governor for the defecting the All Progressives Congress (APC) by Sunny Ogbuoji.
Mr Ogbuoji, the candidate of the APC in the 2019 governorship election in the state.
Justice Njoku had ruled that Umahi and his deputy did not contrive any provisions of the law by their defection.
However, in a similar application by the Peoples Democratic Party (PDP) at a federal high court in Abuja.
The presiding judge, Justice Inyang Ekwo sacked Mr Umahi and Mr Igwe for defecting into the APC.
The judge ruled 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 upon defection.
Justice Ekwo ordered the PDP to present replacement, also mandated the Independent National Electoral Commission (INEC) should conduct a fresh poll within 90 days.
In a swift reaction to the judgment, the governor and his deputy filed an ex parte application at the Ebonyi court seeking an order to remain in office.
While delivering his ruling, Justice Njoku granted the prayers sought by the Ebonyi governor and his deputy, adjourned the matter to March 16 for hearing on the motion on notice.
“It is hereby ordered as follows, an interim order of this honourable court for seven days (subject to renewal) is hereby granted in view of the judgment in suit no. HAB/13/22 delivered on the 28th day of February 2022, being a judgment in rem and having precedence over any contrary judgment,” the judge ruled.
“The applicants hereto Engr David Nweze Umahi and Dr Eric Kelechi Igwe shall accordingly remain and not be removed from office as governor and deputy governor of Ebonyi state respectively.”
Mr Umahi and Mr Igwe have also appealed the Abuja judgment and have filed an application seeking a stay of execution.
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