A High Court sitting in Abakaliki, Ebonyi State, has asked Governor David Umahi and his deputy, Dr Kelechi Igwe, not to vacate their offices.
The order followed an Ex Parte motion filed by Governor Umahi and his deputy, over a Federal High Court judgment on March 8, ordering them to vacate their offices for defecting from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).
The order asking Umahi and his deputy, not to vacate their offices, was made by Justice Henry Njoku today, March 10.
Recall that Justice Njoku had on February, 28, in a suit No HAB/13/2022 dismissed a suit seeking to sack Gov Umahi and his Deputy from offices for defecting from the Peoples Democratic Party to the All Progressives Congress.
The suit was filed by Senator Sunny Ogbuorji who contested governorship on the platform of the APC in 2019, and his running mate, Justin Ogodo Mbam.
The plaintiffs had asked the Court to order Umahi and his deputy to vacate their offices having defected from the PDP on which platform they were elected as Governor and deputy and relinquish the positions for them, having came second in the governorship election.
But barely seven days of Justice Njoku’s ruling, Justice Inyang Ekwo of the Federal High Court, Abuja, in another suit, on Tuesday sacked Umahi and his deputy for defecting to the APC.
But delivering ruling on a motion ex-parte motion brought before the Court by Barrister Roy Umahi, Counsel to the defendants (Umahi and his deputy), today, Justice Njoku maintained that his earlier judgment which came before that of the Federal High Court remains valid and subsisting.
He said: “an interim order of this Honourable Court for seven days (7) subject to renewal is hereby granted, in view of its judgment in Suit NO HAB/13/2022 delivered on 28th Day of February, 2022 being a judgment in view, and having precedence over any subsequent contrary judgment.
“The applicants hereto, Engr David Umahi and Dr Kelechi Igwe shall accordingly remain and not removed from office as Governor and Deputy Governor of Ebonyi State respectively.”
Justice Njoku also called on all parties to obey the Court orders and refrain from abusing judicial process.