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By Clement Nnachi
An Abakaliki High Court presided over by Justice Henry Njoku, on Thursday issued an order of rem that Governor David Umahi and his deputy Kelechi Igwe should remain in their offices.
In a suit No HAB/13/2022 of February 28, 2022, the Court dismissed the order seeking to sack Umahi and his Deputy from office for defecting from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
The suit was filed by Senator Sunny Ogbuorji who was the APC Governorship Candidate in the 2019 governorship election in Ebonyi State.
However, in another suit, Justice Inyang Ekwo of the Federal High Court in Abuja on Tuesday sacked Umahi and his deputy for defecting to the APC.
Delivering judgement on a motion ex-parte, Justice Njoku maintained that his earlier judgement which came before the judgement of the Federal High Court Abuja remains valid and subsisting.
The Court held that “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 refrain from abusing judicial process.
The trial judge while making an order asking parties to obey same relied on the Supreme Court Judgement in the case of IGWEMMA & Anor Vs OBIDIGWE & ORS, to say that the judgement is binding on the parties in the litigation.
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