A lawyer walks through the compound at the Federal High Court in Ikoyi district in Lagos, Nigeria, May 8, 2018. REUTERS/Akintunde Akinleye
Reuters

A Makurdi High Court, presided over by Justice Theresa Igoche, has restrained the new Speaker, Benue State House of Assembly, Titus Uba, and others from entering and sitting in the state assembly complex.

They are also restrained Uba and other principal officers including the deputy speaker Hon. Johnson Ahubi, majority leader, Avine Agbom, deputy majority leader, Sule Audu and Chief Whip, Kester Kyenge, from parading themselves as principal officers of the house.

In a restraining order on motion ex-parte brought by the impeached speaker, Terkimbi Ikyange, the presiding Judge, Justice Theresa Igoche said that ‘the order is made in the overall interest of justice.’

“I have looked at paragraphs 22-34 of the affidavit in support and paragraphs 5-13 of the affidavit of urgency. This court takes judicial notice of the order of interim injunction made against the plaintiffs/applicants in suit No. MHC/259/18.

“It is similar to the relief being sought here. It is my view that it is necessary for the purpose of averting any danger that may be caused and to avoid any breach of the peace.

“That this application be granted so that the members of the Benue State House of Assembly will not sit in the 5th plaintiffs/applicants complex until the motion on Notice is heard and determined. This order is made in the overall interest of justice,” Justice Igoche said.

It would be recalled that the new speaker last week Wednesday, took possession of the assembly complex after the withdrawal of policemen from the complex.

Ikyange’s counsel, Chief M. M. Osuman (SAN) had sought the relief of the court for an order restraining the 1-5 defendants from conducting the sitting of 5th plaintiff, and restraining same from carrying out any functions of the 5th plaintiff.

He also prayed the court to restrain the defendants from further entry and occupying the offices of the 1-4 of the plaintiffs and restraining the defendants from entry and further entry into offices of 1-4 plaintiffs in the 5th plaintiffs complex pending the hearing and determination of the motion on notice.

The plaintiffs are Terkimbi Ikyange (Speaker) Hon. James Okefe (deputy speaker) Hon Benjamin Adanyi (majority leader) Nick Eworo (deputy majority leader) who were all recently impeached by 22 members of the State House of Assembly.

The Defendants include Titus Uba (new speaker), Johnson Ahubi, (deputy speaker), Avine Agbom, (majority leader), Sule Audu (deputy majority leader), Kester Ikyange, (Chief Whip) and 6 defendant, Dr Torese Agena, (Clerk).

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