The court also ordered 17 lawmakers from Ebonyi to vacate their seats.
Governor David Umahi of Ebonyi State and his deputy, Dr Eric Igwe, and 17 lawmakers have approached the Abuja division of the Court of Appeal for the interpretation of some constitutional issues arising from the suit filed by the Peoples Democratic Party (PDP) challenging their defection to the All Progressives Congress (APC).
A Federal High Court, Abuja had on Tuesday sacked the governor and his deputy over their defection from the Peoples Democratic Party to the All Progressives Congress.
The court also ordered 17 lawmakers from Ebonyi to vacate their seats.
But in the notice of appeal filed at the Court of Appeal, Abuja Division, Umahi and others said the lower court lacked jurisdiction to entertain the matter ab initio.
They requested the appellate court to restore the powers of state High courts as the only courts vested with the exclusive jurisdiction to hear and determine the question as to whether the terms of office of a member of the House of Assembly of a State, a Governor or Deputy Governor ceased or became vacant.