The Chief Judge of Benue state, Justice Aondover Kaka’an has vacated the interim order restraining the Speaker of the state House of Assembly, Titus Uba, and 21 other members of the House from holding sittings at the Assembly complex.
Justice Kaka’an vacated the order while ruling on a motion brought before his court by Counsel to the Speaker led by Mr Sebastine Hon, SAN, and Edward Ashiekaa, SAN, praying the court to set aside its earlier interim order of August 13th, 2018.
“The order restrained the Uba and the 21 others from conducting legislative business at the complex.”
In his ruling, Justice Kaka’an stated that by law the judicial arm of government cannot restrain the Benue State House of Assembly from performing its legislative functions.
He stated that the role of the judiciary is not to overheat the polity with orders capable of destabilising same, maintaining that the court should not encourage impunity in any way.
The Chief Judge described the argument against the granting of the motion by counsel to the former Speaker,Terkimbi Ikyange, and seven others, Mr Sunday Okpale, as an academic exercise.
He ruled that the interim order of August 13, 2018 which restrained the use of the Assembly complex played on the intelligence of an earlier order and the entire legal system and was a dent on the image of the judiciary.
Justice Kaka’an maintained that injunctive orders were not at the beck and call of the court to be shared and that claimant must earn them.
He transfered the substantive case to High Court 9 presided over by Justice Augustine Ityonyiman for hearing and determination on November 26th, 2018.
The state’s Attorney General and Commissioner for Justice, Mr Micheal Gusa, stated that by the virtue of the ruling, the Benue State House of Assembly under the leadership of Uba can now conduct legislative business at the Assembly Complex.
He said, the ruling indicated the clear existence of separation of powers as no arm of government can prevent another from carrying out its constitutional functions.