Just In : Rivers Assembly Gets Court Order To Continue Sitting
On November 29, the Federal High Court in Abuja issued directives, allowing the Rivers Assembly to continue its legislative functions until the motion on notice is resolved.
The court also prohibited the Rivers State Government from withholding financial support to the House and restrained the National Assembly from attempting to assume the responsibilities of the Rivers Assembly.
Additionally, the court barred the Rivers Government from transferring the clerk, deputy clerk, and any other assembly-appointed employees.
These orders stem from a lawsuit initiated by the Rivers State House of Assembly and its Speaker, Martins Amaewhule.
The defendants in the case include the National Assembly, the Senate President, the Deputy Senate President, the Senate Majority Leader, the Senate Minority Leader, the Speaker of the House of Representatives, the Deputy Speaker, the House Majority Leader, the House Minority Leader, the Clerk of the National Assembly, the Governor of Rivers State, the Rivers State Commissioner for Finance, Rivers Attorney-General, Rivers Civil Service Commission, and the Inspector-General of Police.
Justice J.K. Omotosho, presiding over the court, granted the reliefs sought by the plaintiffs as outlined in the motion exparte dated November 29th. The court’s official order, in a certified copy, noted that the supporting affidavit demonstrated that a significant majority, 25 out of the 31 members, were actively conducting business during the proceedings.
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The court said: “That the Rivers State House of Assembly is a constitutional institution that needs to be preserved pending the determination of the motion on notice”.
Consequently, the court issued an order of interim injunction restraining the first to 14th defendants from taking over the functions of the Rivers State House of Assembly or in any manner assuming the roles and functions or duties of the assembly pending the hearing of the motion on notice for interlocutory injunction dated and filed November 29th
“An order of interim injection restraining the first to 14th defendants by themselves or by their servants, agents or privies from withholding the funds of Rivers State House of Assembly or deal in any manner howsoever with the funds meant for the Rivers State House of Assembly pending the hearing of the motion on notice.
“An order restraining the 11 to 14th defendants whether by themselves or by their servants or agents from howsoever taking over the control of appointment, removal, transfer or generally taking control of persons appointed into the office of the clerk, deputy Clerk or other members of staff of the first plaintiff or in any manner howsoever interfering with the performance of the functions or duties of persons appointed into the said offices pending the hearing or determination of the motion on notice”.
The court further issued an order “restraining the 11th to 14th defendants from withholding any amount standing to the credit of the Rivers State House of Assembly in the consolidated revenue fund of Rivers State including salaries and emoluments due and payable to the Speaker, Deputy Speaker and other members of the first plaintiff as well as to the clerk, deputy Clerk and other members of staff of the House in any manner whatsoever denying the assembly of due fund for running it’s affairs pending the hearing of the motion on notice”.
The court said: “The above orders are made basically on the fact that the 25 members out of 31 Rivers State House of Assembly are sitting and transacting business, therefore, the plaintiff/applicants are hereby ordered to enter to undertake as damages to the tune of N1bn if it is discovered or established that less than 25 members or two-third of Rivers State House of Assembly are not sitting and transacting business as stated in the affidavit to support the motion”.
The court in the copy of the order signed by its Registrar, Blessing Ugwu had adjourned the matter till December 7th for hearing.
