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The
motion, which was brought pursuant to order 26 rules 1 and 2(1) and
order 32 rules 1 and 4(1) of the Federal High Court (Civil Procedure)
Rules 2019, was predicated on eight grounds.
 Governor David Umahi and his deputy, Kelechi Igwe are seeking a stay-of-execution from the court that sacked them from office.
The duo have now approached the Federal High Court for the decision.
In a motion filed by their counsel, Chukwuma MaChukwu- Ume (SAN),
the governor and his deputy prayed the Justice Inyanag Ekwo-led court
for an order staying the execution of the orders made in the judgment
delivered on March 8, 2022, directing the Independent National Electoral
Commission(INEC) to immediately receive from the Peoples Democratic
Party(PDP), the names of its candidates to replace them. The court had
sacked their from office on grounds that they defected from the PDP to
the APC and therefore losts the votes that brought them into office.
The governor and his deputy in a motion filed prayed 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.
In addition, the motion on notice dated March 9, 2022, is equally
seeking 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 State respectively.
They further urged the court to stay the execution of its order
restraining INEC from recognizing or continuing to recognize them as
governor and deputy governor of the state.
The governor and his deputy also asked for an order to stay the
execution of an order restraining them from parading themselves as
governor and deputy governor of Ebonyi State respectively pending the
hearing and determination of the appeal dated and filed on March 9,
2022, by the appellants.
They also asked the court to issue an order restraining the PDP
from submitting any names to the INEC for the purpose of declaring them
as governor and deputy governor of Ebonyi State in replacement of the
applicants and if already submitted and accepted, an order of injunction
restraining the INEC from using or putting same into effect until the
determination of the appeal filed by the applicants.
They further sought an order restraining the INEC from conducting
elections into their offices and or declaring the names of any candidate
presented by the PDP as the governor and deputy governor of Ebonyi
State pending the determination of the appeal filed by them.
The motion, which was brought pursuant to order 26 rules 1 and 2(1)
and order 32 rules 1 and 4(1) of the Federal High Court (Civil
Procedure) Rules 2019, was predicated on eight grounds.
The grounds include the fact that the applicants who are
dissatisfied with the judgment of the court have appealed the said
judgment to the Court of Appeal by filling their notice of appeal dated
March 9, 2022, That the notice of appeal has been duly served on all the
parties and the court, That they have also commenced the process for
the compilation and transmission of the records of the appeal in the
Appeal Court.
It is also their prayer that unless execution of the judgment of
the court is stayed, the outcome of the appeal filed by them will be
rendered nugatory |
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