Rivers: Court Extends Dec.15 Interim Order Against INEC, PDP

A Federal High Court in Abuja on Thursday extended the Dec.15 interim order stopping the Independent National Electoral Commission (INEC) and the Peoples Democratic Party (PDP) from taking any action against the 27 Rivers House of Assembly members who defected to All Progressives Congress (APC).

Justice Donatus Okorowo extended the order following an application by counsel for the embattled lawmakers, Steve Adehi, SAN, and supported by Ken Njemanze, SAN, who appeared for the Rivers House of Assembly.

Although PDP’s lawyer, Adeyemi Ajibade, SAN, opposed the application, Justice Okorowo agreed that based on Order 26, Rule 10 of the FHC, the court had the discretionary power to grant the plea in the interest of justice.

The judge held that he was persuaded by the reasons given by Adehi and Njemanze that granting the order would be better in the interest of justice.

Okorowo, who adjourned the matter until Jan 24 for hearing of the applications, said: “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 News Agency of Nigeria (NAN) reports that Justice Okorowo had, on Dec. 15, granted the ex-parte motion filed by the 27 lawmakers who dumped PDP for APC.

The court restrained INEC from conducting fresh election to fill the seats of the 27 assembly members.

It also restrained INEC, PDP and the house of assembly from declaring their seats vacant and withdrawing their respective Certificate of Returns pending the hearing and determination of the motion on notice.

The plaintiffs had, in the motion ex-parte marked: FHC/ABJ/CS/1681/2023/ dated and filed Dec 13, sued INEC, PDP, the assembly, clerk of the assembly, Inspector-General (I-G) of Police and Department of State Service (DSS) as 1st to 6th defendants respectively.

Upon resumed hearing on Thursday, plaintiffs’ counsel, Steve Adehi, SAN, informed the court that he had a motion on notice which originally was meant for hearing today.

Adehi, however, sought an adjournment in view of the fact that Mr Lukman Fagbemi, SAN, had withdrawn appearance and a new counsel had entered appearance in the matter for the 3rd defendant (assembly) and in view of the fact that the 2nd defendant (PDP) had just served on them their response this morning.

“In any case, I ask that the matter be further adjourned to enable us serve the 3rd and 4th defendants (assembly and clerk) and to also enable us to reply on points of law to the process served on us by the counsel to the 2nd defendant,” he said.

Then K.C.O. Njemanze, SAN, told the court that he had the instruction of the 3rd defendant (assembly) to take over the brief with the original letter of instruction backing this after the withdrawal of the earlier counsel, Fagbemi.

He equally informed that a memorandum of appearance had already been filed.

A lawyer from Fagbemi’s chamber confirmed to the court that the learner silk had withdrawn from the suit.

The PDP’s lawyer, Adeyemi Ajibade, SAN, who is also the National Legal Adviser of the party, said he had an application challenging the jurisdiction of the court to handle the suit and the competence of the suit itself.

He, therefore, prayed the court for an order discharging the Dec. 15 interim order granted by the court.

Ajibade said the plaintiffs had responded to their preliminary objection but yet to respond to their second application, which was a motion seeking the court’s order to discharge the interim order.

He, however, aligned himself with the application for adjournment by Adehi and Njemanze in view of Fagbemi’s withdrawal from the suit.

He said this would also enable him sort out their processes which had earlier been served on Fagbemi.

Njemanze told the court that he was yet to be served with the processes filed by the PDP to enable them respond to same.

Besides, he said he intends to react to the processes filed by the plaintiffs also.

He said though there had been moves to resolve the dispute politically with the involvement of President Bola Tinubu, he would need to get the disposition of his client to the development.