Benue former speaker, others lose bid to vacate restraining order
The impeached Speaker of the Benue State House of Assembly, Terkimbi Ikyange and two other principal officers have lost their bid to vacate a court order restraining them from parading themselves as leaders of the state legislature.
A Makurdi High Court, presided over by Justice Theresa Igoche, yesterday ruled that the order restraining Ikyange, former Deputy Speaker, James Okefe and former Majority Leader, Benjamin Adanyi, from parading themselves as principal officers of the of Assembly would persist pending the determination of the substantive case.
When the matter was mentioned for hearing, lead counsel to the former Speaker, Mamman Mike Usman (SAN), made an oral application praying the court to vacate the interim order restraining the defendants from parading themselves as leaders of the House issued on Friday, July 27, 2018.
Usman stated that the order was supposed to last for seven days, and as such it ought to have elapsed on Friday, August 3, 2018, citing order 39, rule 3(3) procedures of the court.
But lawyers to the new Speaker, Titus Uba, led by Sebastian Hon (SAN) and 21 others, opposed the application, arguing that the order was specific, depending on an event and until that event happens, it could not be vacated.
Ruling on the matter, Justice Igoche held that the order restraining the Speaker and two others from parading themselves as principal officers of the House, would subsist pending the hearing and determination of the motion on notice.
She stated that inability to hear and determine the motion was not the applicant’s fault, maintaining that the order was still effective pending the hearing and determination of the motion.
She adjourned the case to August 9, 2018 for further hearing.
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