Ebonyi State High Court has given Ebonyi State governor, Dave Umahi, and his deputy, Kelechi Igwe a glimpse of hope after a Federal Hight Court in Abuja delivered a judgment sacking them over their defection to the All Progressives Congress (APC) from the Peoples Democratic Party (PDP).
The Court asked them not to vacate their offices.
The trial judge, Justice H. A. Njoku, on Thursday, said that its judgment of February 28, 2022 on defection of the governor, his deputy and the lawmakers to APC remains valid as a judgement in rem, which is binding on all parties, persons and authorities.
“Upon this Motion Ex-parte dated and filed on
9th March, 2022, and brought pursuant to Order
39 Rule 3(3) of the High Court Rules of Ebonyi
State, 2008, and under the inherent jurisdiction
of this Honourable Court, coming before HIS
LORDSHIP HON. JUSTICE H. A. NJOKU on the
10TH day of March, 2022 praying the court as
follows:
“1. An interim Order of this Honourable Court
for seven days (subject to renewal) that in
view of its judgment in Suit No, HAB/13/2022
delivered on the 28th day of February, 2022
being a judgment in rem and having
precedence over any subsequent contrary
judgment, the Applicants hereto, ENGR,
DAVID NWEZE UMAHI and DR. ERIC KELECHI
IGWE, shall remain and not be removed from
office as governor and deputy governor of
Ebonyi State, respectively.
“2. And for further order or other orders as the
Honourable Court may deem fit to make in
the circumstances.
“And the court after reading this motion
made ex-parte and the reliefs sought thereto
as well as the 11 (eleven) paragraph affidavit
evidence of Amarachi Alo, the Litigation
Secretary in the Law Office of Roy &
Associate of No. 7 Awgu Street, Abakaliki;
“And having also read the written submissions of counsel to the Applicant in support of the Motion ex-parte particularly the issue for determination which is whether this application ought to be granted in the interest of justice, and the documents annexed thereto as Exhibit 1 and 2 respectively;
“And after hearing Roy . U. Nwaeze Esq,
Counsel to the defendants/applicants move
the motion ex-parte.
“IT IS HEREBY ORDERED AS FOLLOWS:
1. An interim order of this Honourable
Court for seven days (7 days) (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 rem, and having
precedence over any subsequent
contrary judgment. The Applicants
hereto, Engr. David Nweze Umahi and Dr.
Eric Kelechi lgwe shall accordingly remain
and not be removed from office as
governor and deputy governor of Ebonyi
State respectively.
“2. This Suit is hereby adjourned to
16/3/2022 for the hearing of the motion
on notice,” the court document sighted by our correspondent reads.
