A Federal High Court sitting in Abuja, the federal capital territory, today restrained the Ebonyi State House of Assembly from disturbing their membership nor legislative functions as elected members of the House.
Recall that the Ebonyi state House of assembly had purportedly declared the seats of the three plaintiffs vacant for allegedly resigning from their party, the peoples Democratic party, PDP.
Consequent upon a motion exparte brought by the three lawmakers to wit – Mrs. Ngozi Lilian Eziulo, Oliver Osi and the Deputy Speaker Odefa Obasi Odefa. Justice I. Ekwo granted the order after listening to counsel to the lawmakers, Nkemakolam Okoro Esq., restrained the Speaker of the Ebonyi State House of Assembly, the Clerk of the Ebonyi State House of Assembly; Ebonyi state House of Assembly and Hon. Kingsley Ogbonna Ikoro, from “taking any other further steps as it relates to the entire circumstances of this matter and as from disturbing the plaintiffs membership of the Ebonyi state House of Assembly pending the hearing and determination of the motion on notice.
” An order is hereby made directing the parties in this suit to maintain status quo ante bellum that existed on the 18th day of February 2022, pending the hearing and final determination of the motion on notice already pending before the court.
Also sued in the matter with No. FHC/ABJ/CS/223/2022 are the Independent National Electoral Commission(INEC); Attorney General of the Federation(AGF); the Inspector General of Police and the Department of State Service.
The order reads as follows:
UPON READING the Affidavit In support of the application deposed to by one Ukamaka Micheal, Christian, Adult, Female, Law firm office Secretary and a Nigerian then of Suite F37, Melith Plaza, Area 11, Garki, Abuja and filed In the Registry of this Court. AND AFTER HEARING Nkemekolam Okoro, Esq., of Counsel for the Plaintiffs move In terms of the motion paper.
And the Court having granted the application.
IT IS HEREBY ORDERED AS FOLLOWS.
1. Leave is granted the Plaintiffs to serve the Originating processes in this matter on the 5th – 8th Defendants by substituted means.
Order is hereby made directing that the originating processes in this matter and all other subsequent processes be served on the 5th – 8th Defendants, by substituted means, to wit: By serving the 5th – 8th Defendants by substituted means, by delivering to any adult official, staff or person, and or by pasting at Ebonyi State Liaison Office, at Plot 146, Mississippi Street, Off Alvan Ikoku Way, Abuja.
Order is hereby made restraining the Defendants, especially the 5th – 8th. Defendants, either by themselves, their Servants, Assigns or Prides or otherwise howsoever from, taking any other or further steps as it relates to the entire circumstances of this matter and or from disturbing the Plaintiffs’ membership of the Ebonyi State House of Assembly, pending the hearing and final determination of the motion on notice.
Order Is hereby made directing parties in this suit, to maintain the status quo ante bellum, that existed on the 18th day of February, 2022, pending the hearing and final determination of the Motion on Notice already pending before this Court.
Service to be effected within 3 days of this Order on the Defendants.
Case adjourned to 16th March, 2022 for Motion on Notice.