The Federal High Court of Abuja Division has restrained the Independent National Electoral Commission (INEC) from conducting a fresh election to fill the 26 vacant seats in the Rivers House of Assembly.
Last week, the speaker of the Rivers State House of Assembly, Rt. Hon. Edison Ehie had declared those seats vacant.
Thereafter, Rt Hon. Ehie wrote to notify INEC of the existing vacancies and requested that the a fresh election be conducted to fill vacant seats because 25 of its members had defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
But Justice Donatus Okorowo of the Federal High Court of Abuja Division has now given a ruling in an ex parte motion that was moved by counsel to the defected lawmakers, Peter Onuh.
The judge had ruled also as he restrained the INEC, PDP and the Rivers State House of Assembly from declaring the seats of the 26 defected lawmakers vacant.
In the ruling, it was also demanded that no action should be taken to withdraw the certificates of return of the respective defected lawmakers until the hearing and determination of the motion on notice.
Mr Okorowo adjourned the matter until December 28 for hearing the motion on notice.
The 26 lawmakers whose seats have been declared vacant already 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 that was deposed to by the factional speaker of the assembly, Martin Chike-Amaewhule had sought five reliefs only.
“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.
“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.
