AN Abuja Federal High Court has struck out the motion filed by Ebonyi State governor David Umahi seeking for a stay of execution of the March 8 judgment which ordered his removal from office.
The court had ordered the sack of Umahi and his deputy Kelechi Igwe for defecting from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Trial judge Justice Inyang Ekwo on Monday struck out a motion filed by Umahi for a stay of the judgement, noting that the matter had already been instituted before the Court of Appeal and therefore could not be entertained at the Federal High Court.
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The ICIR had reported how Umahi, his deputy and 16 members of the state house of assembly were sacked by the court following a suit filed by the PDP.
The court, in the March 8 judgment, held that the votes Umahi secured during the 2019 governorship election in Ebonyi State belonged to the PDP and not the APC.
According to the court, having defected to the APC, both Umahi and his deputy, not only jettisoned the PDP, but also the votes that belonged to the party.
The judge further held that going by the outcome of the governorship election, the office of the governor and deputy governor in Ebonyi State belongs to the PDP and not the APC.
“There is no constitutional provision that made the ballot transferrable from one party to the other,” Justice Ekwo stated.
He added that the PDP was bound to retain the votes and mandate that was given to it by voters in Ebonyi State, as both governor Umahi and his Deputy could not validly transfer same to the APC.
The court therefore ordered both Umahi and Igwe to immediately vacate their positions.
The Independent National Electoral Commission (INEC) was ordered to immediately receive from the PDP, names of persons to replace Umahi and his deputy, or in the alternative, conduct a fresh gubernatorial election in Ebonyi State in line with Section 177(c) of the 1999 Constitution, as amended.
The court also restrained Umahi and Igwe from further parading themselves as governor or deputy governor of Ebonyi State.
However, although the PDP had since nominated a member of the House of Representatives Iduma Enwo Igariwey as Umahi’s replacement as governor, Umahi and his deputy have continued to remain in office after filing an appeal against the judgment.
The Court of Appeal is yet to hear the matter.
The case is likely to get to the Supreme Court.
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