A Rivers State High Court in Port Harcourt on Tuesday, ordered a factional Speaker of the state House of Assembly, Edison Ehie, to preside over the activities of the legislative arm of the state pending the determination of a motion before it.
It also stopped lawmakers loyal to the Minister of the Federal Capital Territory, Nyesom Wike, from using the assembly premises following the directive of the governor, Siminalayi Fubara, that the facility was under renovation.
Justice M.W Danagogo, gave this order, in an experte motion of Suit No. PHC/3030/CS/2023 in which Rivers State House of Assembly is the first claimant and Ehie as second claimant and Martin Amaewhule is the first defendant while Deputy Speaker, Dumle Maol, is the second defendant.
In the process which was prepared by D.I Iboroma, a Senior Advocate of Nigeria, and others, Edison wants the court to order Amaewhule and others to stop going into the state assembly complex until the burnt chamber is fully renovated by the government.
Edison also wants the court to order that he lawfully take over the speakership of the state assembly until the matter is dispensed, praying that Amaewhule should be stopped from conducting himself as the speaker of the House.
However, the court in an Interim Order granted the requests of the applicant, urging Amaewhule and others to stop using the Assembly premises following the directive of the governor, Siminalayi Fubara, that the facility was under renovation.
In the order, the court threatened that Edison would pay N50m as damages if the application before the court turns out to be frivolous.
It, however, ordered the claimants to serve the Interim Order, the Motion on Notice already filed, the Originating Process and other processes in this suit on the defendants on or before December 13, 2023.
The court granted leave to the claimants to serve all the processes by substituted means by publication in two national newspapers or by posting at a conspicuous part of the last known address of the defendants and adjourned till December 21 for motion on notice
The court, however, entered the following orders:
“AN ORDER OF INTERIM INJUNCTION restraining the Defendants and the 2nd Claimant/Applicant either acting by themselves or through their agents, servants, privies, assigns or any person(s) acting in whatsoever manner and howsoever called or described, from further use of armed thugs accompanied by police personnel in riot gear to gain access to the Rivers State House of Assembly complex at Moscow Road, Port Harcourt, Rivers State which was burnt, destroyed, damaged and rendered uninhabitable as a result of the fire that engulfed the Assembly Complex on the 2nd day of October 2023, contrary to the order of the executive Governor of Rivers State relocating the sitting of the 1st Claimant to a secure and more conducive venue to ensure that the activities and meetings of the House are not disrupted during the period of the renovation of the burnt building, pending the determination of the motion on notice already filed.
“AN ORDER OF INTERIM INJUNCTION restraining the Defendants whether by themselves, their agents, servants, privies and representatives in whatsoever and howsoever manner from preventing, disrupting and interfering with the smooth and regular operation, management and administration of the 1 Claimant/Applicant pending the hearing and determination of the motion on notice already filed in this suit.
“AN ORDER OF INTERIM INJUNCTION restraining the Defendants whether by themselves, their agents, servants, privies and representatives in whatsoever and howsoever manner from preventing, disrupting and interfering with the exercise of the 2nd Claimant/Applicant’s statutory legislative duties of summoning and holding meetings, proceedings, issuing notices, passing resolutions, bills and performing other legislative functions of the 1st Claimant/Applicant pending the hearing and determination of the motion on notice already filed in this suit.”
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