A Federal High Court sitting in Abuja has issued an injunction preventing the Independent National Electoral Commission (INEC) from conducting fresh elections to fill the seats of 26 members of the Rivers House of Assembly who defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
The ruling was delivered by Justice Donatus Okorowo following an ex-parte motion moved by the defected lawmakers’ counsel, Peter Onuh. The court order restrains INEC, PDP, and the House of Assembly from declaring the defectors’ seats vacant or withdrawing their Certificates of Returns pending the determination of the motion on notice.
Justice Okorowo granted interim orders of injunction, prohibiting any interference with the official and legislative functions of the lawmakers as the speaker, deputy speaker, and members of the Rivers State House of Assembly until the motion on notice is heard and determined.
Additionally, the court issued an interim injunction restraining the Inspector-General of Police and the Department of State Service (DSS) from denying or withdrawing security details for the lawmakers, ensuring they can perform their constitutional legislative and oversight functions.
The judge directed the applicants to provide damages worth N250 million. The matter is adjourned until December 28 for the hearing of the motion on notice.
The judge, in his ruling, said, “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.
“An order of interim injunction is hereby 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.
“An order of interim injunction is hereby granted restraining the 5th and 6th defendant (I-G and DSS), 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 26 lawmakers, represented by the factional Speaker of the assembly, Mr Martins Chike-Amaewhule, filed the motion ex-parte against INEC, PDP, the assembly, clerk of the assembly, Inspector-General of Police, and the Department of State Service.
The motion seeks five reliefs, and the court ruling was sighted by the News Agency of Nigeria (NAN) on Sunday night.
NAN
