By Harry Awurumibe, Editor Abuja Bureau
For the embattled Governor of Ebonyi state, Chief David Nweze Umahi, the uncertainty surrounding his position as the substantive Chief Executive Officer (CEO) of his state deepened on Monday when Justice Inyang Ekwo of the Federal High Court, Abuja, struck out an application by the Governor 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 defection.
The Judge threw out the suit following confirmation that a valid appeal had been entered at the Court of Appeal, Abuja division, challenging the verdict that sacked them for defecting from the Peoples Democratic Party (PDP0 to the All Progressives Congress (APC).
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, Counsel for PDP, the attention of the court was drawn to the substantive appeal already pending at the Court of Appeal.
Ume thereafter applied for withdrawal of the application to enable his clients to focus and concentrate on the substantive appeal.
The request was not opposed by the PDP Counsel prompting Justice Ekwo in a brief ruling to strike out the suit.
Justice Ekwo ordered Governor Umahi and his Deputy to shift their legal battle against the judgment that sacked them to the appellate court.
A similar decision was invoked in another application for judgment stay by the sacked 16 lawmakers of the Ebonyi State House of Assembly.
Umahi and his Deputy had two weeks ago asked the Federal High Court for an order staying the execution of its judgment that ordered their removal from office as Governor and Deputy gmGovernor of the state respectively.