Justice Ekwo grants motions for commencement of hearing of stay of execution on FHC judgement
The Abuja division of the Federal High Court has fixed March 21 to commence hearing in the motion filed by Governor David Umahi of Ebonyi state and his deputy, Dr. Eric Igwe for an order staying the execution of its judgment directing them to vacate their various offices.
A similar motion by the 16 House of Assembly members who were ordered to vacate their seats would also be heard on the adjourned date.
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The separate motions were filed by their counsel, Chukwuma Ma-Chulkwu Ume (SAN).When the case came up on Wednesday, counsel to the applicants, Ume prayed the court for a short adjournment to correct some noticeable cle rical errors in the motions.
This is even as the respondents have filed a counter affidavits in urging the court not to stay the execution of its judgment.
Regardless, Justice Inyang Ekwo granted the request by Ume and adjourned the case to Monday, March 21.
In the case of Governor Umahi and his deputy, Ume had in a motion on notice brought pursuant to order 26 rules 1 & 2(1) and order 32 rules 1 & 4(1), of the Federal High Court (Civil Procedure) rules 2019, prayed the court for an order staying the execution of the orders made in the judgment of the court delivered on March 8, 2022.
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They are specifically seeking a stay of execution of the order of court 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 is also prayed 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 court directing INEC to immediately declare the persons nominated by the PDP as Governor and deputy governor of Ebonyi state respectively.
They further urged to stay the execution of its order restraining the INEC from recognizing or continue to recognize them as Governor and Deputy Governor of Eboyi State respectively.
They equally asked for an order staying the execution of an order restraining them from putting themselves out 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.
Justice Inyang Ekwo is further urged to grant 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.
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They are further seeking an order restraining the INEC from conducting elections into their offices and or declaraing 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 grounds includes 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 dully 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.
It is 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.
Ume noted that the appeal by his clients raises substantial, recondite and arguable issues of law with reasonable chances of success. He further argued that the rights of his clients will be highly jeopardized if the judgment of the court is allowed to be executed before their appeal is heard and determined.
Ume said one of the serious grounds of the appeal is the substantial issue of jurisdiction, which he stated, constitute exceptional circumstances in consideration to which the law permit the grant of stay of execution pending the hearing and determination of the applicant’s appeal.
Similarly, the 16 lawmakers of the Ebonyi state House of Assembly who were ordered to vacate their seats have equally filed a motion of stay of execution of the judgment. Counsel to the lawmakers, Chukwuma Ma-Chukwu Ume (SAN), in a motion on notice dated March 9, 2022, prayed the court for an order staying the execution of the judgment as it affects the lawmakers.
The lawmakers have equally filed an appeal against the judgment of the Federal High Court. The motion for the stay of execution of the judgment is also rooted on eight grounds seeks an order of court restraining the PDP from submitting any names to the INEC for the purpose of declaring them as members of the Ebonyi Sta
