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Those challenging  court injunction restraining Rivers lawmakers are bereft of law practice  – Justice Ahiakwo

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Justice Osai Ahiakwo

By Akpan David, Calabar 

A legal expert and public commentator, Justice Osai Ahiakwo has stated that those challenging the the Rivers State high court’s decision to restrain the 25 APC members from parading themselves as lawmakers of the state House of Assembly are bereft of the practice procedures in the courts of law.

A few have cautioned against involvement of the Judiciary in the Rivers State crisis where they expressed counter arguments and outright condemnation of the court’s decision of Friday 10 May 2024.

In a statement issued in Calabar, capital of Cross River State,  Ahiakwo said the misconception about the recent case instituted by the new Speaker and other members of the Assembly in some quarters was misleading people to believe that the judiciary was being used to score cheap political gains.

According  to him, the rules of the High Court of Rivers State provide for litigants to apply for experte reliefs seeking to preserve the res of any cases brought before the learned Justices presiding over such cases. 

He said condeming the ruling of the Honourable Justice is contemptuous, explaining that, the reason behind granting the application brought by the Claimants,  are saying they are not part of the illegality perpetrated by the 25 APC members who insisted on overriding the Executive Governor by passing into law certain bills sponsored by the so-called House of Assembly members.  

“The 1999 Constitution by way of a strict interpretation of Section 109 simply provided for situations where an elected House of Assembly member will cease to be a member, particularly where there is no crisis amongst the party members that sponsored the election as envisaged by Section 109 (1)(g). 

“The continuous actions of the APC former lawmakers are causes of action requiring the High Court of Rivers State to adjudicate upon and which duty it is to maintain law and order pending the final determination of the case. 

“I see no fault in the interlocutory order made restraining the 25 former lawmakers from acting as legislative members because if they are not restrained, the actions and inactions are capable of throwing Rivers State into crisis and which the court will not close its eyes such foreseeable and possible preventable crisis.

“There is absolutely nothing wrong with the intervention of the court. The court is duty bound to grant the Claimants application till the substantive motion on notice which gives a right of reply to the 25 APC lawmakers to respond in opposition,” he stressed.

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