Defection: Court extends order halting election to replace 27 Rivers lawmakers

A federal high court in Abuja has extended the interim order restraining the Independent National Electoral Commission (INEC) and the Peoples Democratic Party (PDP) from conducting fresh election to fill “vacant” seats in the Rivers state house of assembly. 

Donatus Okorowo, the presiding judge, extended the order following an application by Steve Adehi who represented the lawmakers.

The application was supported by Ken Njemanze, counsel to the Rivers house of assembly.

On December 11, 27 members of the Rivers house of assembly defected from the PDP to the All Progressives Congress (APC).

Consequently, Edison Ehie, speaker of the Rivers assembly, declared the lawmakers’ seats vacant while the PDP asked NEC to conduct elections in the affected constituencies.

However, the concerned lawmakers approached the court, seeking to stop their replacement.

INEC, PDP, Rivers assembly, clerk of the state assembly, inspector-general of police and the Department of State Services (DSS) were the first to sixth defendants in the suit.

Delivering a ruling on the ex parte motion on December 15, Okorowo barred all six defendants in the case from interfering with the activities of the plaintiffs.

The court then adjourned the matter to December 28 for a hearing.

At the court session on Thursday, Adehi sought an adjournment because Lukman Fagbemi, the previous lawyer, had withdrawn his appearance while a new counsel had entered an appearance in the matter for the third defendant (assembly).

Njemanze, then announced that he was taking over for the state assembly.

However, Adeyemi Ajibade, the PDP lawyer, who is also the national legal adviser of the party, opposed the adjournment while also praying the court to vacate the interim order.

But Adehi insisted that the circumstance leading to the grant of the ex-parte order had not changed.

The lawyer argued that the PDP’s body language “is such that leaves us in doubt because they are still calling for the declaration of the seats of the plaintiffs vacant and conduct of fresh election”.

In his ruling, Okorowo adjourned the matter until January 24 for hearing different applications.

He also granted the application extending the previous order.

“Application for the extension of the order of the lifespan of the ex-parte order pending the hearing and determination of motion on notice is hereby granted,” the judge held.