Governor David Umahi of Ebonyi State and his deputy, Eric Kelechi Igwe have been ordered to remain in office by an Ebonyi State High Court, sitting in Abakaliki, on Thursday.
Umahi and Igwe had approached the court to obtain an order to remain in office until a judgement on their defection to the All Progressive Congress from the People’s Democratic Party is delivered by the Appeal Court.
Lead trial Judge, Justice Henry Njoku in his judgment affirmed that “David Umahi, Governor of Ebonyi State and his Deputy, Barr Eric Kelechi Igwe have secured an Order from the High Court of Ebonyi State asking them not to vacate their offices, that the judgement of the same court on 28th February, 2022, on their defection to APC remains valid as a judgement in rem, which is binding on all parties, persons and authorities.”
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The Judge relied on the Supreme Court judgement in the case of IGWEMMA & Anor Vs OBIDIGWE & ORS to say that the judgement was binding on the parties in the litigation and others, having anything to do with the status of the office of the Governor and the Deputy Governor of Ebonyi State.
The order of court reads in part: “it is hereby ordered as follows: An interim order of this honourable court for seven (7days) subject to renewal is hereby granted in view of its judgement in suit No. HAB/13/2022, being a judgement in rem and having precedence over any subsequent contrary judgement.
“The applicants, Engr. David Nweze Umahi and Dr. Eric Kelechi Igwe shall accordingly remain and not be removed from office as Governor and Deputy of Ebonyi State respectively.”
Governor Umahi and his deputy were on Wednesday sacked by a Federal High Court in Abuja, following their defection from the PDP, where they won their seats.
Justice Inyang Ekwo had in his judgment stated that votes belongs to political parties and not a candidate, asking Umahi and Igwe to vacate their positions with immediate effect.
Justice Inyang further directed the Independent National Electoral Commission to replaced the sacked duo with names submitted by the PDP.
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