The Federal High Court sitting in Abuja has stopped the Independent National Electoral Commission (INEC) from conducting by-elections for the 27 members of the Rivers State House of Assembly who defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
The lawmakers, whose seats had been declared vacant by the state’s party chapter, include the factional Speaker of the Assembly, Rt. Hon. Martins Amaewhule, and 26 others said to be loyalists of the Minister of Federal Capital Territory, Barrister Nyesom Wike. They quit the PDP for the APC on 11th December.
Others include: Hon. Dumle Maol, Hon. Major Jack, Hon. Linda Somiari-Stewart, Hon. Franklin Nwaboshi, Hon. Christopher Ofiks, Hon. Azeru Opara, Hon. Olabo George; Hon. Tonye Adoki, Hon. Granville Wellington; Hon. Mgbar Bernard; Hon. John Dominic Iderima and Hon. Queen Williams.
The remaining are: Hon. Loolo Opuende; Hon. Abbey Peter, Hon. Igwe Aforji; Hon. Justina Emeji, Hon. Ignatius Onwuka; Hon. Chimezie Nwankwo, Hon. Lemchi Nyeche; Hon. Barile Nwakoh, Hon. Emelia Amadi; Hon. Nkemjika Ezekwe; Hon. Davids Okobiriari; Hon. Nwankwo Sylvanus; Hon. Gerald Oforji and Hon. Wami Solomon.
In the suit, the lawmakers are the plaintiffs while INEC; PDP, the state House of Assembly, Clerk of the state House of Assembly; Inspector General of Police; and the Department of State Services are first to fifth respondents.
They sought an order restraining the first defendants/respondents, and either by themselves, their officials, officers, servants, agents, servants, staff, or privies from declaring vacant or taking any steps to declare vacant their seats.
They also asked the court to stop INEC from conducting fresh elections to fill their seats pending the hearing and determination of the motion on notice.
In the judgement delivered last Friday, Justice Donatus Okorowo also issued an interim order stopping the first respondent from conducting a fresh election pending the determination of the case.
The Certified True Copies of the judgement, sighted on Monday, partly read: “An order of interim injunction is hereby granted restraining the 1st and 3rd 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”.
