TheCable

A federal high court has struck out an application brought by David Umahi, governor of Ebonyi, and his deputy, Eric Igwe, seeking to stay execution of the judgment that sacked them from office.

Inyang Ekwo, the judge, had on March 8 sacked the governor and his deputy from their offices over their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

The judge held that the 393,042 votes polled by Umahi in the March 2019 governorship election belonged to the PDP and cannot be legally transferred to the APC.

Consequently, Ekwo ordered the PDP to present another candidate or in the alternative, the Independent National Electoral Commission (INEC) should conduct a fresh poll within 90 days.

In a motion on notice filed through their team of lawyers led by Chukwuma Machukwu-Ume, Umahi and Igwe prayed the court to suspend execution of the order.

However, at the court session on Monday, the senior lawyer told the court of his intention to withdraw the application for stay.

He notified the court that an appeal has been entered at the court of appeal and records of proceedings have been transmitted to the appellate court.

Machukwu-Ume also applied to withdraw the application seeking to stay execution of the judgment that sacked 16 members of the Ebonyi state assembly.

Emmanuel Ukala, PDP counsel, did not oppose the application.

Consequently, Ekwo struck out the application.