In a significant legal development, the Federal High Court in Abuja has issued a restraining order against the Independent National Electoral Commission (INEC) from conducting by-elections for the 27 lawmakers who recently defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) in Rivers State.
The affected lawmakers, including the Speaker of the Rivers State House of Assembly, Martins Amaewhule, and 26 others aligned with the Federal Capital Territory Minister, Nyesom Wike, sought legal redress against the declaration of their seats as vacant by the state’s PDP chapter.
The lawsuit, marked FHC/AB3/CS/1681/23, listed the lawmakers as plaintiffs, with INEC, the PDP, Rivers State House of Assembly, the Clerk of the Assembly, the Inspector General of Police, and the Department of State Services as defendants.
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In the judgment delivered on December 15 by Justice Donatus Okorowo, an interim order was issued, preventing INEC and the Rivers State House of Assembly from declaring the lawmakers’ seats vacant.
The court also prohibited the withdrawal of the lawmakers’ Certificates of Return and the conduct of fresh elections for their seats pending the hearing and determination of the case.
The Certified True Copies of the judgment, seen on Monday, emphasized the court’s decision with statements such as, “An order of interim injunction is hereby granted,” restraining both INEC and the Rivers State House of Assembly from taking any steps to declare the seats vacant or conducting fresh elections.
This legal intervention brings a temporary halt to the political turbulence surrounding the lawmakers’ defection and the consequential attempts to fill the vacated seats.
The court’s decision underscores the need for a thorough examination of the legal implications before any further electoral actions are taken in Rivers State.
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