
The Federal High Court in Abuja has barred the Independent National Electoral Commission (INEC) from conducting by-elections to replace 27 members of the Rivers State House of Assembly whose seats were declared vacant.
The ruling, issued by Justice Donatus Okorowo on Friday, comes amid a heated battle for control of the state’s political structure between Governor Siminalayi Fubara and former governor Nyesom Wike, now Minister of the Federal Capital Territory (FCT).
The 27 lawmakers, led by Martin Amaewhule and loyal to former governor Nyesom Wike, had their seats declared vacant by a rival faction led by Edison Ehie, a former speaker backed by Governor Siminalayi Fubara.
Fubara and Wike are locked in a bitter political battle over control of Rivers State’s political structure in the PDP, which the FCT minister accuses his successor of destroying.
Ehie obtained an ex-parte order from the Rivers State High Court in Port Harcourt, allowing him and three of his colleagues loyal to Governor Fubara to conduct legislative business without interference from the Amaewhule-led faction.
An ex-parte application is one in which the court does not require the participation of all parties before making a decision.
In his ruling, Justice Okorowo granted an interim injunction restraining INEC from conducting by-elections to fill the vacant seats until the hearing and determination of a motion on notice filed by Amaewhule and his group.
“An interim injunction is hereby granted restraining the 1st defendant (INEC) from conducting fresh elections to fill the seats of the plaintiffs (the 27 lawmakers) in the Rivers State House of Assembly, pending the hearing and determination of the motion on notice.”
He also barred the six defendants in the case from interfering with the 27 members of the Rivers State House of Assembly from conducting their legislative duties as speakers, deputy speaker and members of parliament.
The judge also restrained the Inspector-General of Police and the SSS “from denying or refusing to provide security to the plaintiffs or withdrawing their security details.”
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