The court has issued an order preventing the Independent National Electoral Commission (INEC) from organizing a new election for the 26 seats of Rivers lawmakers who defected.

Story by Iyiola Ayomide

The Independent National Electoral Commission (INEC) has been prohibited by a Federal High Court in Abuja from holding a new election to fill the seats of the 26 Rivers House of Assembly members who switched from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). 

The court ruling, given by Justice Donatus Okorowo in response to an ex-parte motion presented by the counsel to the defected lawmakers, Peter Onuh, also forbids the INEC, PDP, and the house of assembly from declaring the seats vacant or revoking their respective Certificate of Returns until the motion on notice is heard and determined. 

Additionally, Justice Okorowo has issued an interim injunction order to prevent all defendants from interfering with or obstructing the performance of the applicants' official and legislative duties as the speaker, deputy speaker, and members of the Rivers State House of Assembly until the motion on notice is heard and determined.   

Lastly, the court has granted an interim injunction order to restrain the defendants from interfering with or obstructing the full enjoyment of the official rights and privileges of the plaintiffs as the speaker, deputy speaker, and members of the Rivers State House of Assembly until the motion on notice is heard and determined.    

"The court has granted a temporary order prohibiting the 5th and 6th defendants (I-G and DSS), along with their officers, subordinates, servants or agents, from preventing or declining to provide security for the plaintiffs.   

This includes withholding their security details or personnel, or failing to offer sufficient security for the plaintiffs/applicants to carry out their constitutional legislative and oversight duties.   

This order will be in effect until the motion on notice is heard and decided."    

The relief was granted by the judge on December 15th, but a certified copy of the ruling was seen by the News Agency of Nigeria on Sunday night.   

The judge ordered the applicants to pay damages amounting to N250 million.

Okorowo postponed the matter until December 28th to hear the motion on notice.    

According to NAN, the group of 26 lawmakers filed a motion ex-parte with the reference number FHC/ABJ/CS/1681/2023/ dated December 13 and submitted on December 15. 

They have taken legal action against INEC, PDP, the assembly, the clerk of the assembly, the Inspector-General of Police, and the Department of State Service.    

Mr Martins Chike-Amaewhule, the factional Speaker of the assembly, submitted a motion that consisted of five requested reliefs.