Justice Inyang Eden Ekwo of the Federal High Court, Abuja, on Monday struck out an application by Ebonyi State Governor, Dave Umahi, and his deputy, Kelechi Igwe, seeking to stop the execution of the judgment of the court that removed them from office on account of their unlawful defection from the People’s democracy party to the All Progressive congress.
The court held that the matter has already been up instituted before the court of appeal and as such does not have any business in the federal High court.
After several minutes of arguments by Chukwuma Machukwu Umeh SAN, counsel to the governor and the deputy as well as Chief James Ogwu Onoja SAN for PDP, the attention of the court was drawn to the substantive appeal already pending at the Court of Appeal.
Umeh thereafter applied for withdrawal of the application to enable his clients to focus and concentrate on the substantive appeal.
Justice Ekwo ordered Governor Umahi and his deputy to shift their legal battle against the judgment that sacked them to the appellate court.
