Legal setback for rule of law in Nigeria as Federal High Court blocks INEC from organizing by-elections in Rivers State

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In a recent blow to the rule of law in Nigeria, the Federal High Court in Abuja has issued a ruling preventing the Independent National Electoral Commission (INEC) from conducting by-elections to fill the seats of 27 members of the Rivers State House of Assembly.

NN News Media recall that the seats were declared vacant in a contentious dispute between two factions led by Governor Siminalayi Fubara and former governor Nyesom Wike, who is now the Minister of the Federal Capital Territory (FCT).

Justice Donatus Okorowo delivered the ruling on Friday, amid the ongoing power struggle for control of Rivers State’s political structure within the People’s Democratic Party (PDP). The dispute centers on accusations by FCT Minister Nyesom Wike that his successor, Governor Fubara, has undermined the PDP’s influence in the state.

The vacancy of the 27 lawmakers’ seats was declared by a rival faction led by Edison Ehie, a former speaker supported by Governor Fubara. Ehie obtained an ex-parte order from the Rivers State High Court in Port Harcourt, allowing him and three colleagues to conduct legislative business without interference from the faction led by Martin Amaewhule, loyal to former governor Nyesom Wike.

An ex-parte application is a legal process in which the court makes a decision without the participation of all parties involved.

Justice Okorowo’s ruling granted an interim injunction, preventing INEC from organizing by-elections until the hearing and determination of a motion on notice filed by Amaewhule and his group.

The court also prohibited the six defendants in the case from interfering with the legislative duties of the 27 members, including their roles as speakers, deputy speaker, and members of parliament. Additionally, the Inspector-General of Police and the State Security Service (SSS) were barred from denying or withdrawing security details provided to the plaintiffs.

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