A 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 return to office as the Executive Governor of Ebonyi State and Deputy Governor respectively.
This was disclosed to newsmen by the State Attorney General and Commissioner for Justice, Barrister Cletus Ofoke. He stated that the court has ordered the Umahi and his Deputy not to vacate their offices.
In a suit No HAB/13/2022 delivered by Justice Henry 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 (PDP) to the All Progressives Congress (APC).
The suit was filed by Senator Sunny Ogbuorji who contested for the 2019 governorship, His running mate and the APC.
However, Justice Inyang Ekwo of the Federal High Court sitting in Abuja on Tuesday sacked Umahi and his deputy for defecting to the APC. The judgement was out rightly rejected by Umahi and his deputy on the ground that the Ebonyi High Court ruling should prevail.
The duo approached the same Ebonyi High Court on Thursday seeking the court to declare that its judgement of the 28th February, 2022 on their defection to APC remains valid as a judgement in rem and as such should have precedence over any other contrary judgement and should be binding on all parties, persons and authorities.
Delivering on the 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 adjourned the matter to March 16 for hearing on the motion on notice.