An Abuja Division of the Federal High Court has issued an injunction restraining the Independent National Electoral Commission (INEC) from conducting a fresh election to fill the seats of the 26 Rivers House of Assembly members who defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Justice Donatus Okorowo delivered the ruling on Monday in response to an ex-parte motion filed by the defected lawmakers.
The judge’s decision not only prevents INEC from organizing a new election but also bars the declaration of the lawmakers’ seats as vacant and the withdrawal of their certificates of return.
Furthermore, an interim injunction has been granted to safeguard the official and legislative functions of the defected lawmakers, including the speaker and deputy speaker of the Rivers State House of Assembly.
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Background
The legal battle emerged as a consequence of the mass defection of 26 lawmakers from the PDP to the APC in Rivers State.
The motion, filed on December 15, highlighted the lawmakers’ concerns about potential interference with their constitutional legislative and oversight functions following their change in political allegiance.
Justice Okorowo not only granted restraining orders against INEC, PDP, and other entities but also directed the fifth and sixth defendants, the Inspector General of Police (IGP) and the State Security Service (SSS), to provide adequate security for the defected lawmakers. Additionally, the court ordered the applicants to undertake damages of N250 million.
The ruling sets the stage for further legal proceedings, with the matter adjourned until December 28 for the hearing of the motion on notice.