Court Extends Order Halting INEC from Nullifying Seats of 26 Rivers Lawmakers

Alex Enumah in Abuja

Justice Donatus Okorowo of a Federal High Court, Abuja, has extended his interim order stopping the Independent National Electoral Commission (INEC) and the Peoples Democratic Party (PDP) from declaring vacant, the seats of 26 members of the Rivers State House of Assembly, over their recent defection from the PDP to the All Progressives Congress (APC).

The extension was based on the application by counsel to the embattled lawmakers, Steve Adehi, SAN, and supported by Ken Njemanze, SAN, who appeared for the Rivers State House of Assembly.
The court had on December 15, in a ruling in an exparte application ordered INEC and PDP not to take any steps towards sacking the plaintiffs from the assembly, pending the hearing and determination of a suit seeking their removal as lawmakers because of their defection from the party that brought them to office.

Okorowo at the last proceedings had also ordered the service of the interim order as well as the main suit on the defendants and fixed December 28, for hearing.
However, when the matter came up yesterday, the lawyer representing the lawmakers informed the court that he was taking over the case of the plaintiffs from the earlier counsel, Mr Lukman Fagbemi, SAN, who had withdrawn appearance from the case.

While urging the court to grant a short adjustment to enable him prepare for the hearing, he also informed that 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.
Although PDP’s lawyer, Adeyemi Ajibade, SAN, objected, the court however granted the request “in the interest of justice”, and fixed January 24, 2024 for hearing.
Ajibade, who is also the National Legal Adviser of the party, objected on the grounds that he had an application challenging the jurisdiction of the court to handle the suit and the competence of the suit itself.

Earlier, Njemanze, who told the court that he had the instruction of the 3rd defendant (Assembly) to take over from  Fagbemi, informed the court that he was yet to be served with the processes filed by the PDP to enable him respond accordingly.
While disclosing that he intended to react to the processes filed by the plaintiffs, Njemanze hinted of moves to resolve the dispute politically, following the intervention of President Bola Tinubu.

“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.
The 4th defendant (Clerk of the Rivers State House of Assembly), through his lawyer, Chief Ferdinand Orbih, SAN, informed the court that he was yet to be served with any process in the matter.

Meanwhile, there was no representation of the electoral umpire, the IG and DSS in court when the matter was called.