Posted by Amarachi on Mon 18th Dec, 2023 - tori.ng
The judge also restrained the INEC, PDP and the House of Assembly from declaring their seats vacant and withdrawing their respective Certificate of Returns pending the hearing and determination of the motion on notice.
The Independent National Electoral Commission (INEC) has been restrained by a Federal High Court in Abuja from conducting fresh elections to fill the seats of the 27 Rivers House of Assembly members who dumped the Peoples Democratic Party (PDP) for the All Progressives Congress (APC).
Justice Donatus Okorowo gave the ruling on Friday, December 15, 2023, in an ex-parte motion moved by counsel to the defected lawmakers, Peter Onuh.
The judge also restrained the INEC, PDP and the House of Assembly from declaring their seats vacant and withdrawing their respective Certificate of Returns pending the hearing and determination of the motion on notice.
Justice Okorowo equally 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 court ruled: “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.”
Justice Okorowo, therefore, adjourned the matter until Dec 28 to hear the motion on notice and ordered the applicants to undertake damages in the sum of N250 million.
The 26 lawmakers had, in the motion ex-parte marked: FHC/ABJ/CS/1681/2023/ dated Dec 13 and filed Dec 15, sued INEC, PDP, the assembly, clerk of the assembly, Inspector General of Police and the Department of State Service (DSS) as 1st to 6th defendants respectively.
The motion, which was deposed to by the factional Speaker of the assembly, Martins Chike-Amaewhule, sought five reliefs.