By Ayo Kehinde
On the heels of a subsisting order by the High Court in Benin City restraining the All Progressives Congress (APC), Inspector General of Police, the Commissioner of Police in Edo State and Mallam Lanre Issa-Onilu, the APC Publicity Secretary, from interfering, disrupting or obstructing the constitutional duties of members of the Edo House of Assembly, the Federal High Court in Port Harcourt has goven a fresh order restraining the National Assembly, the Inspector General of Police and DSS.
Justice M. Umar gave the order on August 2, 2019, following a motion ex-parte, filed by Alhaji Yayaha Audu Omogbai, Clerk of the Assembly and the Edo State House of Assembly and requests sought by the Deputy Speaker of the Edo House of Assembly, Hon. Yekini Idiaye; and the member representing Ikpoba-Okha Constituency in the Edo Assembly, Hon. Henry Okhuarobo, who are the plaintiffs/applicants.
Idiaye and Okhuarobo had prayed the court in Suit Number FHC/PH/CS/159/2019, to restrain the Clerk of the National Assembly; the President of the Senate; the speaker of the House of Representatives; Inspector General of Police and the State Security Service; (all defendants) from taking over the duties of the Edo House of Assembly.
According to the court:
“The plaintiffs/applicants are granted an order of interim injunction, restraining the 1st-3rd Defendant/Respondents (Clerk of the National Assembly, the President of the Senate and the Speaker of the House of Representatives), their servant, agents, officers or privies from interfering or taking over the legislative functions of the Edo State House of Assembly pending the determination of the substantive suit.”
The court also granted an order of interim injunction restraining the 4th-5th Defendant/Respondents (Inspector General of Police and the State Security Service), their servant, agents, officers or privies from sealing up the Edo State House of Assembly or obstructing the Plaintiffs/Applicants in whatever manners in the performance of their constitutional duties as members of the Edo State House of Assembly, pending the determination of the substantive Suit.
“The Plaintiffs/Applicants are granted an order of interim injunction restraining the 6thDefendant/Respondent (the Governor of Edo State) from issuing any fresh proclamation for the holding of another first session for the Edo State House of Assembly pending the hearing and the determination of the substantive suit” the court said.
In the obtained order paper dated August 2, 2019, the court said: “The plaintiffs/applicants are granted an order of interim injunction, restraining the 1st-3rd Defendant/Respondents (Clerk of the National Assembly, the President of the Senate and the Speaker of the House of Representatives), their servant, agents, officers or privies from interfering or taking over the legislative functions of the EdoState House of Assembly pending the determination of the substantive suit.”
The court also granted an order of interim injunction restraining the 4th-5th Defendant/Respondents (Inspector General of Police and the State Security Service), their servant, agents, officers or privies from sealing up the Edo State House of Assembly or obstructing the Plaintiffs/Applicants in whatever manners in the performance of their constitutional duties as members of the Edo State House of Assembly, pending the determination of the substantive Suit.
“The Plaintiffs/Applicants are granted an order of interim injunction restraining the 6th Defendant/Respondent (the Governor of Edo State) from issuing any fresh proclamation for the holding of another first session for the Edo State House of Assembly pending the hearing and the determination of the substantive suit” the court said.
The plaintiffs, Hon. Yekini Idiaye and Hon. Henry Okhuarobo had prayed the court in Suit Number FHC/PH/CS/159/2019, to restrain the Clerk of the National Assembly; the President of the Senate; the speaker of the House of Representatives; Inspector General of Police and the State Security Service; (all defendants) from taking over the duties of the Edo House of Assembly.
