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.
The separate motions were filed by their counsel, Chukwuma Ma-Chulkwu Ume (SAN).
When the case came up, yesterday, counsel to the applicants, prayed the court for a short adjournment to correct some noticeable clerical 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.
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.
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.