Sacked Governor David Umahi of Ebonyi State went to the Federal High Court in Abuja on Wednesday to withdraw a stay of execution request he filed due to a clerical error in the application.
At the mention of the suit, Chukwuma Ma-Chukwu Ume, SAN, counsel to Umahi and his deputy, Kelechi Igwe, told Justice Inyang Ekwo.
When the matter was called, Ume informed the court that he had withdrawn the previous motion and filed a new one in its place.
He explained that the change occurred as a result of an error in the prior stay of execution request, particularly in the spelling of Umahi’s name.
Despite the fact that the Peoples Democratic Party (PDP) supplied them with their counter affidavit yesterday (Tuesday), the senior lawyer stated that due to a spelling error, they sought to alter their motion with another.
The PDP’s lawyer, James Onoja, also informed the court that the party intends to respond to Umahi and Igwe’s fresh application for a stay of execution.
Other parties also stated that they had not yet responded to the applicants’ motion.
Justice Ekwo postponed the hearing to March 21 to allow the respondents to respond to the stay application.
Following their defection from the PDP to the All Progressives Congress, Ekwo ordered Umahi, his deputy, Kelechi Igwe, and 16 members to quit their offices and seats, according to the News Agency of Nigeria (NAN) (APC).
The judge also ordered the Independent National Electoral Commission (INEC) to obtain the names of the PDP’s candidates to replace them as soon as possible.
On March 10, Governor Umahi and others petitioned the Federal High Court in Abuja for an injunction to suspend the implementation of a judgment ordering them to quit their positions due to their defection to another political party.
In a motion on notice filed by their counsel, Ume, the applicants also prayed the court to stay the execution of its order directing INEC to receive another name in their place or hold a governorship election in accordance with Section 177(c) of the 1999 Constitution.
Umahi and Igwe, in the motion on notice dated March 9, equally sought an order staying the execution of the order of the court directing INEC to immediately declare the persons nominated by the PDP as Governor and Deputy Governor of Ebonyi, respectively.
They further urged the court to stay the execution of its order restraining the INEC from recognizing or continuing to recognize them as governor and deputy governor of the state, pending the hearing and determination of the appeal dated and filed on March 9 by the appellants, among others.
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