By Ruth Oginyi
A few days after a federal high court in Abuja Nigeria sacked Engr David Umahi and deputy from office as governor of Ebonyi state, Justice Henry Njoku of Ebonyi State High Court sitting in Abakaliki the state capital Thursday issued another order that the embattled Governor, and his deputy, Kelechi Igwe should remain in their offices.
In a suit No HAB/13/2022 delivered by Justice Njoku on February 28, 2022, the Court dismissed the suit seeking to sack Umahi and his Deputy from offices for defecting from the Peoples Democratic Party to the ruling All Progressives Congress.
The earlier suit was filed by Senator Sunny Ogbuorji who contested for the 2019 governorship.
But, Justice Inyang Ekwo of the Federal High Court in Abuja on Tuesday had sacked Umahi and his deputy for defecting to the APC in another suit.
Delivering his judgment on a motion ex-parte, Justice Njoku said that his earlier judgment which came before the judgment of the Federal High Court remains valid and subsisting.
“An interim order of this Honourable Court for seven days (7) subject to renewal is hereby granted, given 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 Umahi and Dr . Kelechi Igwe shall accordingly remain and not removed from office As Governor and Deputy Governor of Ebonyi State respectively”.
The judge further called on all Parties to obey the Court orders and refrain from abusing the judicial process.
Federal high court lacks constitutional powers to Sacked a sitting Governor and his deputy, only election tribunal, Appellate court has such powers – Justice Henry Njoku
COURT REORDERS UMAHI AND DEPUTY
TO REMAIN IN OFFICE.
Justice Henry Njoku of Ebonyi State High Court sitting in Abakaliki has issued an order of rem that Ebonyi State Governor, Engr David Umahi and his deputy, Barrister Kelechi Igwe should remain in their offices.
In a suit No HAB/13/2022 delivered by Justice Njoku on February 28, 2022, the Court dismissed the suit seeking to sack 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 ran for the 2019 governorship; His Running Mate and the All Progressives Congress.
However, in another suit, Justice Inyang Ekwo of the Federal High Court in Abuja on Tuesday sacked Umahi and his deputy for defecting to the APC.
But delivering on a motion ex-parte, Justice Njoku maintained that his earlier judgement which came before the judgement 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 judgement in Suit NO HAB/13/2022 delivered on 28th Day of February, 2022 being a judgement in rem, and having precedence over any subsequent contrary judgement. 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
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