In a significant ruling, the Abuja Division of the Federal High Court has issued a restraining order against the Independent National Electoral Commission (INEC), preventing the conduct of fresh elections to fill the positions of the 26 defected Rivers House of Assembly members. These lawmakers had transitioned from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Justice Donatus Okorowo rendered this decision following an ex parte motion presented by counsel to the defected lawmakers, Peter Onuh. The ruling also encompasses a restraint against INEC, the PDP, and the Rivers parliament, preventing the declaration of their seats as vacant or the withdrawal of their respective certificates of return. These actions are restrained pending the hearing and determination of the motion on notice.
Furthermore, the court issued an interim order of injunction, prohibiting all defendants from impeding the performance of the applicants’ official and legislative duties as the speaker, deputy speaker, and members of the Rivers State House of Assembly. This injunction remains effective until the pending motion is heard and decided.
Additionally, the judge granted restrictions against the defendants, jointly or severally, from interfering with the official rights and privileges of the plaintiffs as members of the Rivers State House of Assembly, reinforcing these injunctions until further determination.
Moreover, the court ordered an interim injunction, compelling the Inspector General of Police (IGP) and the State Security Service (SSS) to provide necessary security and refrain from withdrawing or denying security details essential for the lawmakers to continue fulfilling their constitutional legislative and oversight functions. Damages amounting to N250 million were also mandated by the court upon the applicants.
The case is adjourned until December 28 to hear the motion on notice. The 26 lawmakers, represented by the factional speaker of the assembly, Martins Chike-Amaewhule, filed the motion ex parte seeking five reliefs against INEC, PDP, the assembly, clerk of the assembly, inspector general of police, and State Security Service as first to sixth defendants, respectively.
