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• Orders full payment of salaries, allowances
From Godwin Tsa, Abuja
Abuja division of the Federal High Court has reinstated nine members of Ebonyi State House of Assembly, whose seats were unconstitutionally and illegally declared vacant.
The lawmakers are Ngozi Eziulo; Oliver Osi; Odefa; Aleke Umoke; Chidi Ejem; Usulor Christian; Humphrey Nwuruku; Franca Okpo and Ali Kizito.
Justice Inyang Ekwo, in his judgment in suit No: FHC/ABJ/CS/223/2022, filed by the lawmakers equally ordered that Odefa be reinstated as the deputy speaker of the Ebonyi State House of Assembly.
The suit filed by counsel to the lawmakers, Okoro Nkemakolan, listed the Independent National Electoral Commission (INEC); the attorney general of the federation (AGF); the inspector general of police (IGP); the Department of State Security (DSS); the speaker; the clerk; the House of Assembly and Kingsley Ikoro as defendants.
The court further made an order directing the clerk and speaker of the House of Assembly to pay the plaintiffs all their outstanding salaries and allowances till expiration of their four-year term in office, by effluxion of time.
Ekwo declared that the speaker has no constitutional powers to declare their seats vacant, including the seat of the third plaintiff and deputy speaker without a valid pronouncement of a court of competent jurisdiction.
Consequently, the court made an order setting aside, nullifying and invalidating the votes and proceedings of the Ebonyi State House of Assembly of February 21, 2022, of February 24, 2022, of March 15 and 22, 2022, including all decisions, and resolutions reached, which affected the legal rights and obligations of the plaintiffs, for the failure of the 5th -8th respondents to observe the rules of natural justice.
The court further declared that the plaintiffs, by virtue of their election on March 9, 2019, and issuance of a certificate of return by INEC, are still member representing the Onicha East constituency, Ivo constituency, Afikpo North constituency, Ikwo North constituency, Abakaliki North constituency, Afikpo South East constituency, Ishielu North constituency, Ezza South constituency, and Ebonyi North West constituency, of Ebonyi State, respectively as their tenure in office upon their election in March 2019, is for four years, which is yet to elapse.
Consequently, the court issued a restraining order against INEC from conducting any other or further elections or by-election, to elect any other person to replace the plaintiffs and to represent the Onicha East constituency, Ivo constituency, Afikpo North constituency, Ikwo North constituency, Abakaliki North constituency, Afikpo South East constituency, Ishielu North constituency, Ezza South constituency, and Ebonyi Northwest constituency of Ebonyi State, respectively, in the Ebonyi State House of Assembly.
It equally restrained the IGP, either by itself, agents, officers, or the commissioner of police of Ebonyi State, from withdrawing the security details attached to the plaintiffs, as members of the Ebonyi State House Assembly.
