Akinwande Soji-Ojo
A Federal High Court sitting in Abuja has extended the interim order restraining the Independent National Electoral Commission (INEC) and the Peoples Democratic Party (PDP) from conducting fresh elections to fill the “vacant” seats in Rivers State House of Assembly.
Justice Donatus Okorowo extended the order following an application by counsel to the lawmakers, Steve Adehi.
The application was supported by Ken Njemanze, counsel to the House of Assembly.
On December 11, 27 members of the House of Assembly defected from the PDP to the All Progressives Congress (APC), following the political crisis that rocked the state.
Consequently, Edison Ehie, Speaker of the faction of the assembly loyal to Governor Siminalayi Fubara, declared the lawmakers’ seats vacant while PDP asked INEC to conduct fresh elections in the affected constituencies.
However, the concerned lawmakers approached the court, seeking to stop the conduct of fresh elections in their respective constituencies.
INEC, PDP, House of Assembly, clerk of the assembly, Inspector- General of Police and Department of State Services (DSS) were the first to sixth defendants in the suit.
Delivering a ruling on the ex parte motion on December 15, Okorowo barred all six defendants in the case from interfering with the activities of the plaintiffs.
The court then adjourned the matter to December 28 for a hearing.
At Thursday’s proceeding, Adehi sought an adjournment because Lukman Fagbemi, the previous lawyer, had withdrawn his appearance while a new counsel had entered an appearance in the matter for the third defendant (House of Assembly).
Njemanze, then announced that he was taking over as counsel for the state assembly.
However, Adeyemi Ajibade, the PDP lawyer, who is also the national legal adviser of the party, opposed the adjournment while also praying the court to vacate the interim order.
But Adehi insisted that the circumstance leading to the granting of the ex-parte order had not changed.
The lawyer argued that the PDP’s body language “is such that leaves us in doubt because they are still calling for the declaration of the seats of the plaintiffs vacant and conduct of fresh election.”
In his ruling, Okorowo adjourned the matter till January 24 for hearing of the applications.
He also granted the application extending the previous order.
“Application for the extension of the order of the lifespan of the ex-parte order pending the hearing and determination of motion on notice is hereby granted,” the judge held.
