A Federal High Court in Abuja has issued an injunction, halting the Independent National Electoral Commission (INEC) from organizing fresh elections for 27 defected members of the Rivers House of Assembly who switched allegiance from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Justice Donatus Okorowo delivered the ruling after an ex-parte motion was 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 until the motion on notice is determined.
Judge Okorowo granted interim orders of injunction, prohibiting any interference with the legislative functions of the lawmakers in their roles as the speaker, deputy speaker, and assembly members until the hearing of the motion on notice.
Furthermore, the court directed an interim injunction restraining the Inspector-General of Police and the Department of State Service (DSS) from withdrawing or denying security details for the lawmakers, allowing them to fulfill their constitutional legislative and oversight duties.
The judge mandated the applicants to pay damages worth N250 million. The case is adjourned until December 28 for the hearing of the motion on notice.
In his ruling, Justice Okorowo stated, “An interim order of injunction restraining all the defendants from interfering with or attempting to impede the performance of the applicants’ official and legislative functions…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 27 lawmakers, represented by the factional Speaker of the assembly, Mr. Martins Chike-Amaewhule, filed the motion ex-parte against INEC, PDP, the assembly, assembly clerk, Inspector-General of Police, and the Department of State Service. The ruling was seen by the News Agency of Nigeria (NAN) on Sunday night.
