The embattled Governor David Umahi of Ebonyi State is yet to get respite as a Federal High Court in Abuja struck out a motion on notice he filed seeking to stay the execution of a judgement removing him from office.
This is just another set of 22 members of the Cross Rivers state’s House of Assembly that defected to APC from the People Democratic Party have also been sacked by another Abuja High Court.
Justice Inyang Ekwo struck out the motion on Monday following the withdrawal of the case by the plaintiffs in the suit.
A Senior Advocate of Nigeria (SAN), Chukwuma Ma-Chukwu Ume, who represented Governor Umahi and his deputy, Kelechi Igwe, informed the court of the new development.
The decision by both men, according to the lawyer, is hinged on the fact that they have now approached the Court of Appeal, Abuja Division, to reverse the March 8 decision of the court which removed them from office, to ensure they are reinstated.
Ume prayed the court for the withdrawal of the motion, a request that was not objected to by another SAN, Emmanuel Ukala, who represented the Peoples Democratic Party (PDP).
In a short ruling, Justice Inyang struck out the motion, with the focus now turned to the appellate court in the quest to reinstate the sacked governor and his deputy.
This comes two weeks after the court sacked Umahi and Igwe as governor and deputy governor of Ebonyi State respectively, on the request of the PDP after both men defected to the All Progressives Congress (APC) in November 2020.
Relying on Section 221 of the Constitution, Justice Ekwo had ordered the PDP to immediately send names of replacements to the Independent National Electoral Commission (INEC) and ordered the governor and his deputy to vacate their offices.
But in the motion on notice dated March 9, Umahi and Igwe prayed the court for an order staying the execution of its orders made the previous day.
They had also asked the court to stay the execution of its order directing INEC to hold a governorship election, in accordance with Section 177(C) of the 1999 Constitution.
Among several other prayers, the governor and his deputy sought an order staying the execution of the order of the court directing the electoral umpire to immediately declare the persons nominated by the PDP as governor and deputy governor of Ebonyi State respectively.
Meanwhile, Justice Taiwo Taiwo of the Abuja Division of the Federal High Court also on Monday ordered the removal from office 20 members of the Cross River State House of Assembly over their defection last year from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Justice Taiwo, in a judgment, held that the affected state legislators cannot continue to occupy office having dumped the party that brought them into office.
The state lawmakers had joined the Governor, Prof. Ben Ayade, and his deputy to dump the PDP last year for the APC.
But the PDP, in a suit instituted on its behalf by Mr Emmanuel Ukala (SAN), approached the court to challenge the legality of the actions of the defectors.
However, in his judgment, the court agreed with the plaintiff that the defendants’ continued stay in office amounts to an illegality having crossed over to another party.
The judge held that votes belong to a political party and that the electorate voted for the legislators because they contested on the platform of the PDP and not in their individual capacity.
The judge therefore ordered them to vacate office having defected from the PDP to the APC.
Those affected by the order are Legor Idagbor, Eteng William, Joseph bassey, Odey Agbe, Okon Ephraim, Regina Anyogo, Mathew Olory, Ekpo Basset, Ogbor Udop, Ekpe Okon, Hillary Bisong, Francis asuquo, Elvert Ayambem and Davis Etta.
Others include Sunday Achunekan, Cynthia Nkasi, Edward Ajang, Chris Ogar and Maria Akwaji.
Another judge of the Federal High Court, Justice Inyang Ekwo, had on March 8, sacked 15 lawmakers of the Ebonyi State House of Assembly, as well as Governor Dave Umahi and his deputy for defection.
He held that votes in an election does not only belong to political parties but such votes cannot be transferred from party to party by politicians when they defect from one party to another.
Judgment is however