A Federal High Court in Abuja has temporarily restrained the Independent National Electoral Commission (INEC) from conducting a by-election to fill the 14 seats of the Edo State House of Assembly.
The Speaker, Frank Okiye had declared the seats vacant on December 4.
According to Punch report, the Judge, Justice Ahmed Mohammed made the declaration on Tuesday following the application by the 14 lawmakers-elect.
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The order is until January 28 when the court will expect opposition to the order.
The 14 lawmakers who instituted the suit following the declaration of their seats vacant, are Victor Edoror, Washington Osifo, Vincent Uwadiae, Kingsley Ugabi, Michael Ohio-Ezomo, Sunday Aghedo, Chris Okaeben, Crosby Eribo, Aliyu Oshiomhole, Oshomah Ahmed, Ganiyu Audu, Ugiagbe Dumez, Uyi Ekhosuehi and Eric Okaka.
Joined in the suit is the Speaker, Edo State House of Assembly, Frank Okiye, and the second defendant is the INEC.
The ex parte application which was filed on December 10, 2019, was not opposed by the two defendants.
On December 12, 2019, the judge refused to grant the ex parte application because the two defendants were absent.
The court, therefore, ordered the defendants to be present on December 19 to argue while the ex parte sort by the lawmakers-elect should not be granted.
The case was further adjourned to January 7, today after it failed to hold
on December 19.
On Tuesday proceedings, the speaker was not represented by any counsel, while INEC’s lawyer, Femi Adeyemi admitted that he was not served with motion ex-parte.
The Commission’s lawyer also informed the court that it has chosen to be neutral in the case.
Meanwhile, Ikhide Ehighelua, the lawyers representing the 14 lawmakers-elect reminded the court of the clients pending applications and the court’s orders at the December 12, 2019 proceedings.
The ruling, the judge cited the provisions of Order 26 Rules 11, 12 and 13 of the Federal High Court Civil Procedures Rules, 2019.
Justice Mohammed noted that the defendants were not expected to make an oral submission but file an affidavit in response.
The judge, therefore, ordered the INEC not to take any further steps in respect of the matter pending in court.
The Justice also directed INEC to make sure an affidavit is filed before the next adjourned date.
The affidavit is to show cause why the interim injunction should not be granted.
He ordered Speaker Okiye to issue a fresh hearing notice and adjourned till January 28.
The Governor and the National Chairman of the All Progressives Congress have been at loggerhead over supremacy.
The 14 lawmakers-elect are loyalists of Oshiomhole and have refused to take the oath of office in protest to the alleged hijacking of the leadership of the house by the Obaseki government.
The speaker declared the 14 seats vacant in December, an action that attracted negative reactions from the Oshiomhole’s camp.
Unhappy with the decision, the lawmakers approached the court through their lawyer, Mr Damien Dodo (SAN).
The suit marked FHC/ABJ/CS/1582/19 sought an order of interim injunction restraining INEC from conducting by-elections.
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