Court restrains new Benue Speaker, others from legislative duties
The court also restrained the Uba-led House from entering and sitting in the state Assembly complex.
Other principal officers of the House restrained are: the Deputy Speaker Honourable Johnson Ahubi; Majority Leader, Avine Agbom: Deputy Majority Leader, Sule Audu; and Chief Whip, Kester Kyenge.
Given the restraining order on motion ex-parte brought by the impeached Speaker, Terkibir Ikyange, Justice Theresa Igoche said that “the order is made in the overall interest of justice.”
“According to the order, 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 fifth plaintiffs/applicants’ complex until the Motion on Notice is heard and determined.
“This order is made in the overall interest of justice,” Justice Igoche added.
It would be recalled that the new Speaker, last Wednesday, took possession of the Assembly complex after the withdrawal of policemen from the complex.
The reliefs sought by Ikyange’s lawyer, Chief M. M. Osuman (SAN) are: an order restraining the 1-5 defendants from conducting the sitting of fifth plaintiff, restraining same from carrying out any functions of the fifth plaintiff, restraining 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 fifth plaintiffs’ complex pending the hearing and determination of the motion on notice.
The plaintiffs are” Rt Hon ‘Terkibir Ikyange (Speaker), Hon. James Okefe (deputy Speaker), Hon Benjamin Adanyi (majority leader), Nick Eworo (deputy majority leader), all impeached members and Benue State House of Assembly.
Defendants are: Hon. Titus Uba (new Speaker), Johnson Ahubi (deputy Speaker), Avine Agbom (majority leader), Hon Sule Audu (deputy majority leader), Kester Ikyange (Chief Whip) and six defendants, Dr. Torese Agena (Clerk).
State High Court has been served on former Speaker of the State House of Assembly, Terkimbi Ikyange, former Deputy Speaker, James Okefe and former Majority Leader, Benjamin Adanyi restraining the affected lawmakers from parading themselves in the capacities they previously operated.
Other principal officers of the House restrained are: the Deputy Speaker Honourable Johnson Ahubi; Majority Leader, Avine Agbom: Deputy Majority Leader, Sule Audu; and Chief Whip, Kester Kyenge.
Given the restraining order on motion ex-parte brought by the impeached Speaker, Terkibir Ikyange, Justice Theresa Igoche said that “the order is made in the overall interest of justice.”
“According to the order, 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 fifth plaintiffs/applicants’ complex until the Motion on Notice is heard and determined.
“This order is made in the overall interest of justice,” Justice Igoche added.
It would be recalled that the new Speaker, last Wednesday, took possession of the Assembly complex after the withdrawal of policemen from the complex.
The reliefs sought by Ikyange’s lawyer, Chief M. M. Osuman (SAN) are: an order restraining the 1-5 defendants from conducting the sitting of fifth plaintiff, restraining same from carrying out any functions of the fifth plaintiff, restraining 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 fifth plaintiffs’ complex pending the hearing and determination of the motion on notice.
The plaintiffs are” Rt Hon ‘Terkibir Ikyange (Speaker), Hon. James Okefe (deputy Speaker), Hon Benjamin Adanyi (majority leader), Nick Eworo (deputy majority leader), all impeached members and Benue State House of Assembly.
Defendants are: Hon. Titus Uba (new Speaker), Johnson Ahubi (deputy Speaker), Avine Agbom (majority leader), Hon Sule Audu (deputy majority leader), Kester Ikyange (Chief Whip) and six defendants, Dr. Torese Agena (Clerk).
State High Court has been served on former Speaker of the State House of Assembly, Terkimbi Ikyange, former Deputy Speaker, James Okefe and former Majority Leader, Benjamin Adanyi restraining the affected lawmakers from parading themselves in the capacities they previously operated.
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