Court restrains NASS from takeover of Edo Assembly

Sun, Aug 4, 2019

3 MIN READ

Judiciary

Justice Adamu Turaki Mohammed of the Federal High Court in Port Harcourt, Rivers State, yesterday restrained the National Assembly, the Police and the Directorate of Security Services (DSS) from interfering or sealing up the Edo State House of Assembly.

Ruling on a motion ex parte with Suit No: FHC/PH/CS/159/2019 filed before the court by the Deputy Speaker of the Edo State House of Assembly, Hon. Yekini Idiaye and Hon Henry Okhuarobo (Ikpoba-Okha constituency), Justice Mohammed also ordered the Clerk of the National Assembly, President of the Senate and Speaker of House of Representatives from interfering or taking over the legislative functions of the Assembly.

The court also restrained the Governor of Edo state, Mr. Godwin Obaseki from issuing any fresh proclamation for the state Assembly pending the hearing and determination of the Motion on Notice.

The court granted four Order of Interim Injunctions and adjourned the case to August 16 for further hearing.

The order, signed by the Court Registrar, MS Hassan, also restrained the Inspector-General of Police and the State Security Service or their agents or officers from sealing up the Assembly or obstructing the plaintiffs in whatever manner in the performance of their constitutional duties as members of the Edo State House of Assembly.

Counsels to the plaintiffs are R.O. Isenalumhe and Kingsley Idahosa.

The Clerk of the National Assembly, the President of the Senate and the Speaker of the House of Representatives are the 1st, 2nd and 3rd defendants in the suit while the Inspector General of Police, the State Security Service and the Governor of Edo State are 4th, 5th and 6th defendants respectively.

The first order reads: An order of interim injunction restraining the 1st-3rd Defendants/Respondents, their servants, agents, Officers or Prives from interfering or taking over the legislative functions of the Edo State House of Assembly pending the determination of the Motion on Notice.

The second reads: “The Plaintiffs/Applicants are granted an Order of Interim Injunction restraining the 1st Defendants/Respondents, their servants, agents, Officers or Privies from interfering or taking over the legislative functions of the Edo State House of Assembly pending the determination of the substantive suit.

Another order of the court reads: “The Plaintiffs/Applicants are granted an Order of Interim Injunction restraining the 1st Defendants/Respondents, their servants, agents, Officers or Privies from sealing up the Edo State House of Assembly or obstructing the plaintiffs/applicants in whatever manners in the performance of their constitutional duties as members of the Edo State House of Assembly, pending the determination of the substantive suit.

The fourth order reads: “The Plaintiffs/Applicants are granted an Order of Interim Injunction restraining the sixth Defendants/Respondents from issuing any fresh proclamation for the holding of another first session for the Edo state House of Assembly pending the hearing and the determination of substantive suit.”

It will be recalled that the Edo State House of Assembly has been embroiled in a political quagmire due to refusal of some members loyal to a former Governor of the state, to be inaugurated on the date Governor Obaseki of Edo State issue a declaration. Mr.Adams Oshiomole,the national Chairman of the All Progressive Congtess Party (APC) is fingered to be the mastermind of the said crisis.