By: Ade Philip
The Federal High Court in Abuja has issued an order restraining the Independent National Electoral Commission (INEC) from proceeding with a new election to fill the seats of the 26 Rivers House of Assembly members who switched allegiance from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
According to News Agency of Nigeria (NAN) Justice Donatus Okorowo, who gave the ruling in an ex parte motion moved by counsel to the defected lawmakers, Peter Onuh, also restrained the INEC, PDP and the Rivers parliament from declaring their seats vacant and withdrawing their respective certificates of return pending the hearing and determination of the motion on notice.
Okorowo also gave an interim order of injunction restraining all the defendants from interfering with or impeding in any way or attempting to interfere with or impede in any way the performance of the applicants’ official and legislative functions as the speaker, the deputy speaker and members, respectively, of the Rivers State House of Assembly, pending the hearing and determination of the motion on notice.”
The judge also “granted restraining the defendants/respondents, jointly and or severally, by themselves or their agents, from interfering with or impeding in any way or attempting to interfere with or impede in any way the full enjoyment of the official rights and privileges of the plaintiffs/applicants as the speaker, the deputy speaker and members, respectively, of the Rivers State House of Assembly, pending the hearing and determination of the motion on notice.”
He also granted an interim injunction “restraining the fifth and sixth defendant (IGP and SSS), by themselves, officers, subordinates, servants or agents from denying or refusing to provide security for the plaintiffs or howsoever withdrawing their security details or personnel or failing to provide details or personnel or failing to provide adequate security for the plaintiffs/applicants for the purpose of enabling them to continue with the performance of their constitutional legislative and oversight functions pending the hearing and determination of the motion on notice.”
The judge ordered the applicants to undertake damages of N250 million.
Okorowo adjourned the matter until December 28 for hearing the motion on notice.
The 26 lawmakers had, in the motion ex parte marked FHC/ABJ/CS/1681/2023/ dated December 13 and filed December 15, sued INEC, PDP, the assembly, clerk of the assembly, inspector general of police and State Security Service as first to sixth defendants respectively.
The motion, deposed to by the factional speaker of the assembly, Martins Chike-Amaewhule, sought five reliefs.
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