The Federal High Court in Abuja has issued a restraining order preventing the Independent National Electoral Commission (INEC) from conducting fresh elections to fill the seats of the deposed Rivers State House of Assembly Speaker, Hon. Martins Amaewhule, and 24 other lawmakers. The order, granted by Justice Donatus Okorowo, is pending the determination of the hearing and determination of a motion on notice filed by the affected lawmakers.
The court also granted an interim injunction restraining INEC, the People’s Democratic Party (PDP), and the state assembly, or their agents, from declaring the seats vacant or taking any steps to declare them vacant. Additionally, they are barred from withdrawing the certificates of return and conducting fresh elections to fill the seats of the plaintiffs until the motion on notice is heard and determined.
The lawmakers, who defected from the People’s Democratic Party to the All Progressives Congress, faced the declaration of their seats as vacant by the new Speaker, Hon. Edison Ehie. The court’s ruling came in response to an ex parte motion filed by the Amaewhule-led faction of the state assembly, seeking protection against hindrance in performing legislative functions and removal of their security attachments.
In response, the state assembly filed a motion on notice, asking the court to dismiss the case, arguing that the court in Abuja lacks territorial jurisdiction to entertain the suit. The state assembly’s lawyer, Lukman Fagbemi, contended that the dispute originated from Port Harcourt, falling outside the jurisdiction of the Federal High Court in Abuja.
The court’s interim injunction aligns with the prayers of the lawmakers, temporarily preventing any obstruction of their legislative functions. The matter has been adjourned to December 28 for a full hearing.
This legal development follows a recent restraining order by the Rivers State High Court in Port Harcourt against Amaewhule and his deputy, Hon. Dumle Maol, preventing the use of thugs to gain access to the assembly complex. The political crisis is linked to the feud between Governor Simi Fubara and his predecessor, Nyesom Wike, who is now the Minister of FCT. The ongoing disagreements have been a source of tension within the state’s political landscape.
