A Federal High Court in Abuja has extended its earlier order that restrained the Independent National Electoral Commission (INEC) and the Rivers State House of Assembly from declaring vacant and conducting fresh election to fill the seats of the 27 members of the Assembly, led by Martin Amaewhule, who defected to the All Progressives Congress (APC) from the Peoples Democratic Party (PDP).
Justice Donatus Okorowo extended the order on Thursday, December 28, upon an application by lawyer to the defecting lawmakers, Steve Adehi (SAN), which was not opposed by Ken Njemanze (SAN) who represented the Rivers House of Assembly.
Justice Okorowo rejected the objection raised by lawyer to the PDP, Adeyemi Ajibade (SAN) and upheld the argument by Adehi that the court, under Order 26, Rule 10 of the Federal High Court (Civil Procedure) Rules, has the discretionary power to grant such extension in the interest of justice.
Justice Okorowo said: “Application for the extension of the lifespan of the ex-parte order pending the hearing and determination of motion on notice is hereby granted.”
He then adjourned till January 24 for the hearing of pending applications.
The judge had granted the the earlier orders while ruling on December 15 on a ex-parte motion filed by the 27 lawmakers along with a substantive suit, marked: FHC/ABJ/CS/1681/2023.
They are, by the suit querying, among others, the propriety of the threat by five members of the Rivers Assembly to declare their seats vacant and invite INEC to conduct fresh election to fill the seats pending the hearing and determination of the motion on notice.
Listed as defendants in the suit are INEC, the PDP, Rivers State House of Assembly, Clerk of the House, the Inspector General of Police (IGP) and the Department of State Services (DSS).
At the commencement of proceedings on Thursday, Adehi told the court that he has a motion on notice which is for hearing.
Adehi noted that in view of the withdrawal of Lukman Fagbemi ,SAN (for the House of Assembly) and a new lawyer replacing him, it may be impossible for the court to proceed.
He sought an adjournment to also allow him reply to some what the PDP and other defendants filed and served on him.
Adehi said: “In any case, I ask that the matter be further adjourned to enable us serve the third and fourth defendants (the Assembly and its Clerk) and to also enable us to reply on points of law to the process served on us by the counsel to the second defendant.
Njemanze, who replaced Fagbemi, said has got the instruction of the third defendant to handle the case on its behalf and that he has, accordingly filed a memorandum of appearance .
He said he was not yet served with what the PDP filed to enable them respond to same, adding that he equally planned to respond to what the plaintiffs filed.
On move to resolve the matter politically, Njemanze said: “Without prejudice to the information by my learned friend this morning about a political solution brokered by Mr President, I need to get my client’s reaction to this and then report back to this honourable court.
“In the circumstance, we pray for an adjournment to enable me file my processes,” he said.
Ajibade (for the PDP) who is also the party’s National Legal Adviser, told the court that he filed an application, challenging the competence of the suit and the court’s jurisdiction to hear it.
The PDP lawyer noted that the plaintiffs have responded to the preliminary objection he filed, but yet to respond to his second application – a motion seeking the court’s order to discharge the interim order.
He agreed with the application for adjournment by Adehi and Njemanze in view of Fagbemi’s withdrawal from the suit.
Ajibade said the adjournment will also enable him sort out their processes which had earlier been served on Fagbemi.
Lawyer to fourth defendant (clerk of the assembly) Ferdinand Orbih (SAN) said his client was not yet served with all that have been filed so far in the case.
Orbih said said he was not opposed to an adjournment, but will consult with his client to know further steps to take.
