A Federal High Court in Abuja has prolonged the interim order issued on December 15, which halted any actions by the Independent National Electoral Commission (INEC) and the Peoples Democratic Party (PDP) against the 26 members of the Rivers House of Assembly who switched from the PDP to the All Progressives Congress (APC).
Justice Donatus Okorowo, presiding over the court, granted the extension on Thursday in response to a request by the legal representative of the embattled lawmakers, Steve Adehi, SAN. Ken Njemanze, SAN, representing the Rivers House of Assembly, also supported the application.
Although Adeyemi Kamaldeen Ajibade, SAN, the counsel for the PDP, opposed the application, the judge, citing Order 26, Rule 10 of the Federal High Court, asserted his discretionary power to grant the plea in the interest of justice. Justice Okorowo stated that he was convinced by the arguments presented by Adehi and Njemanze, deeming the order necessary for the interest of justice.
After the extension was granted, the judge scheduled the next hearing for January 24, 2024, to address other applications on notice.
On December 15, Justice Okorowo had initially granted the ex-parte motion filed by the 26 lawmakers who left the PDP for the APC. The court restrained INEC from organizing a new election for the seats of the 26 lawmakers. It also prohibited INEC, PDP, and the House of Assembly from declaring their seats vacant and withdrawing their respective Certificates of Returns until the motion on notice is heard and determined.
The plaintiffs, in the motion ex-parte labeled FHC/ABJ/CS/1681/2023, dated and filed on December 13, named INEC, PDP, the House of Assembly, Clerk of the Assembly, the Inspector-General of Police (IGP), and the Department of State Service (DSS) as the 1st to 6th defendants, respectively.