Abuja Court Restrains INEC From Conducting Fresh Elections To Fill Seats Of 26 Pro-Wike Rivers State Assembly Lawmakers

The Federal High Court in Abuja has restrained the Independent National Electoral Commission (INEC) from declaring the seats of 26 Rivers State House of Assembly members vacant and conducting fresh elections to fill their seats.

The deposed Speaker of the House of Assembly, Hon. Martins Amaewhule, and 25 others secured an interim order restraining INEC, the Peoples Democratic Party (PDP), Rivers House of Assembly, Clerk of the House and security agencies from declaring their seats and taking any action to declare the seats of the 26 plaintiffs vacant.

The lawmakers, who are loyal to the former Rivers State governor, Nyesom Wike were listed as Hon. Martin Chike Amaewuhule, Hon. Dumle Maol, Hon. Major Jack, Hon. Linda Somiari-Stewart, Hon. Franklin Uchenna Nwaboshi, Hon. Christopher Kagbang Ofiks, Hon. Azeru Opara, Hon. Olabo George, Hon. Tonye Smart Adoki, Hon. Granville Tekenari Wellington, Hon. Mgbar Bernard, Hon. John Dominic Iderima, Hon. Queen Uwawa Tony Williams, Hon. Loolo Isaiah Opuende, Hon. Abbey Peter, Hon. Igwe Obey Aforji, Hon. Justina Emeji, Hon. Ignatius Onwuka, Hon. Chimezie Nwankwo, Hon. Lemchi Prince Nyeche, Hon. Barile Nwakoh, Hon. Emelia Lucky Amadi, Hon. Nkemjika Ezekwe, Hon. Davids Arnold Okobiriari, Hon. Nwankwo Sylvanus and Hon. Gerald Oforji.

Justice Donatus Okorowo of the Federal High Court in Abuja gave the order pending the determination of the hearing and determination of a motion on notice filed by the affected lawmakers.

 

It reads, “AND AFTER HEARING Peter Onuh Esq., moved in terms of Motion paper and urged the Court to grant the Applicant’s reliefs: AND THE HONOURABLE Court having given its Ruling, this 15th day of December, 2023.

“IT IS HEREBY ORDERED AS FOLLOWS: AN ORDER OF INTERIM INJUNCTION is hereby granted restraining the 1 and 3 Defendants/Respondents, either by themselves, their officials, officers, servants, agents, servants, staff or privies (anyhow so called), from declaring vacant or taking any steps whatsoever to declare vacant the seats of the Plaintiffs/Applicants at the Rivers State House of Assembly; from withdrawing the Plaintiff/Applicants’ respective Certificates of Return and from conducting fresh elections to fill in the seats of the Plaintiffs/Applicants at 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 1st Defendant/Respondent from conducting fresh elections to fill the seats of the Plaintiffs/Applicants in 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 servants, (anyhow so called), from interfering with or impeding in any way or attempting to interfere with or impede in any way the performance of the Plaintiffs’ 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 servants, agents, officials, officers, staff, delegates or other persons deriving authority from them (anyhow so called), 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 Defendants, 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 adequate security for the Plaintiffs/Applicants for the purpose of enabling the said Plaintiffs/Applicants to continue with the performance of their constitutional legislative and oversight functions as the Speaker, the Deputy Speaker and Members, respectively, of the Rivers State House of Assembly; and or from taking any adverse security measures or step (whatever shape such steps may be) capable preventing or obstructing the Plaintiffs/ Applicants from performing their functions and duties 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 Applicant is hereby ordered to undertake damages in the sum of 250,000,000.00. (Two hundred and fifty million naira) only.

“That this case is adjourned to 28th day of December, 2023 for hearing of Motion on Notice,” it adds.

Last week, the Rivers State High Court sitting in Port Harcourt and presided over by Justice D.M. Danagogo, had restrained Amaewhule, loyal to the Minister of the Federal Capital Territory (FCT), Nyesom Wike, from interfering and disrupting the activities of Rivers State House of Assembly Speaker, Edison Ehie, from carrying out his legislative functions.

Ehie is loyal to Governor Siminalayi Fubara, who is at loggerheads with Wike, his godfather and immediate former governor.

The court issued the order last Tuesday while ruling in a Motion Exparte filed by the Rivers State House of Assembly and Edison Ehie as claimants/applicants in a suit marked PHC/3030/CS/2023, with Martin Amaewhule and Duule Maol as defendants.

The court further stated that the order came after reading the affidavit of Ehie and after hearing D. I. Iboroma, (SAN) who appeared with A. B. Ihua-Maduenyi Esq., T. C. Kinabere Esq., and P. I. Johnson Esq. as counsel for the Rivers State House of Assembly and Ehie (Claimants/Applicants).

SaharaReporters on Monday reported the defection of the 27 lawmakers said to be loyal to the Minister of Federal Capital Territory and immediate past governor of the state, Wike.

At least, one of the lawmakers later made a U-turn by returning to the PDP.

The lawmakers announced their defection on Monday at the plenary, citing division in their party – PDP as the reason for the move.

The orders given by Justice Okorowo are contained in a certified true copy of the ruling of the court dated December 15 and obtained by SaharaReporters.

The ruling also barred the Defendants or Respondents from withdrawing the plaintiff/applicants’ respective certificates of return and conducting fresh elections to replace them in the House pending the hearing and determination of the motion on notice.

However, the State Assembly in its motion on notice dated December 15 and filed by their lawyer Lukman Fagbemi, asked the court to dismiss the case of the applicants and decline jurisdiction on the matter.

The pro-Fubara lawmakers contended that the purported dispute arose from Port Harcourt and is not a matter for the Abuja court to determine.

According to Fagbemi, the matter is outside the jurisdiction of the Abuja court.

He argued, “Take further notice that the grounds upon which this 3rd defendant/applicant’s application is predicated are as follows:

“The subject matter culminating in the instant suit does not fall within the domain of substantive jurisdiction donated to this honourable court by section 251 of the 1999 Constitution of the Federal Republic of Nigeria (as altered).”

The notice also argued that the necessary parties for the “exhaustive determination of the instant suit were not joined in this suit”.