By Ken Afor
The Independent National Electoral Commission (INEC) has been barred by the Federal High Court in Abuja from conducting by-elections for the 27 lawmakers who defected from the Peoples Democratic Party (PDP).
It would be recalled that last week Monday, the state’s chapter of the PDP, declared the seats of the 26 lawmakers who defected from the party to the All Progressives Congress (APC) vacant, including the Speaker of the Rivers State House of Assembly, Martins Amaewhule. These lawmakers are said to be loyalists of the Minister of Federal Capital Territory, Nyesom Wike, the immediate past governor of the state.
The affected lawmakers are: Hon. Dumle Maol, Hon. Major Jack, Hon. Linda Somiari-Stewart, Hon. Franklin Nwaboshi, Hon. Christopher Ofiks, Hon. Azeru Opara, Hon. Olabo George; Hon. Tonye Adoki, Hon. Granville Wellington; Hon. Mgbar Bernard; Hon. John Dominic Iderima and Hon. Queen Williams.
Others include, Hon. Loolo Opuende; Hon. Abbey Peter, Hon. Igwe Aforji; Hon. Justina Emeji, Hon. Ignatius Onwuka; Hon. Chimezie Nwankwo, Hon. Lemchi Nyeche; Hon. Barile Nwakoh, Hon. Emelia Amadi; Hon. Nkemjika Ezekwe; Hon. Davids Okobiriari; Hon. Nwankwo Sylvanus; Hon. Gerald Oforji and Hon. Wami Solomon.
In a lawsuit with reference number FHC/AB3/CS/1681/23, the plaintiffs are the lawmakers, while the 1st to 5th respondents are INEC, PDP, Rivers State House of Assembly, Clerk Rivers State House of Assembly, Inspector General of Police, and the Department of State Services.
The legislators had requested a restraining order against the Defendants/Respondents, as well as any other individuals or entities acting on their behalf, to prevent them from declaring or initiating any actions to declare their seats vacant.
Additionally, they requested the court to halt INEC from organizing new elections to occupy their positions until the motion on notice is heard and resolved.
In the ruling pronounced on December 15th, Justice Donatus Okorowo additionally granted a temporary injunction restraining the first respondent from holding a new election until the case is resolved.
The judgment made public on Monday as stated in the Certified True Copies, includes an order of interim injunction. This order restrains the 1st and 3rd Defendants/Respondents, along with their officials, officers, servants, agents, staff, or privies, from declaring vacant or taking any actions to declare vacant the seats of the Plaintiffs/Applicants at the Rivers State House of Assembly.
Also, they are prohibited from withdrawing the Plaintiff/Applicants’ respective Certificates of Return and conducting fresh elections to fill in the seats of the Plaintiffs/Applicants at the Rivers State House of Assembly. This injunction will remain in effect until the hearing and determination of the Motion on Notice.
“An order of interim injunction is hereby granted restraining the 1st Defendant/Respondent from conducting fresh elections to fill the seats of the Plaintiffs/Applicants in the Rivers State House of Assembly, pending the hearing and determination of the Motion on Notice,” it stated.
