December 28, (THEWILL) – The Federal High Court, Abuja, has further extended its interim order, restraining the Independent National Electoral Commission (INEC), from conducting fresh elections to fill the seats of 26 members of the Rivers House of Assembly, who defected from the Peoples Democratic Party (PDP), to the All Progressives Congress (APC).
Justice Donatus Okorowo extended the order on Thursday, 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.”
Justice Okorowo had, on Dec.15, granted the ex-parte motion filed by the 26 lawmakers.
The court restrained INEC, PDP and the House of Assembly from declaring the defectors’ seats vacant or withdrawing their Certificates of Returns pending the 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 (IG) of Police and the Department of State Service (DSS), as 1st to 6th defendants respectively.
The 26 lawmakers, represented by the factional Speaker of the assembly, Martins Chike-Amaewhule, filed the motion ex-parte against INEC, PDP, the assembly, the clerk of the assembly, the Inspector General of Police and the Department of State Service.
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