TheNewsGuru

Tag: Court

  • After four years in prison, six #EndSARS protesters regain freedom

    After four years in prison, six #EndSARS protesters regain freedom

    A Chief Magistrates’ Court sitting in the Ikeja area of Lagos has convicted and discharged six men who were standing trial for breaching public peace during the 2020 #EndSARS protest.

     The defendants, Daniel Joyinbo (31), Adigun Sodiq (28), Kehinde Shola (32), Salaudeen Kamilu (29), Sodiq Usseni (33), and Azeez Isiaka (34), had entered a plea bargain agreement and pleaded guilty to the charge of breaching public peace, as brought against them by the Lagos State Government.

    After reviewing the plea bargain agreement, Magistrate Bola Osunsanmi found the defendants guilty and convicted them of the offence.

    In place of sentencing, however, she cautioned and discharged them, noting that they had already spent almost four years in custody.

    Earlier in the proceedings, the Director of Public Prosecutions (DPP), Dr. Babajide Martins, presented an amended charge to the court.

    He stated that the defendants committed the offence on November 23, 2020, at 12:00 p.m. in Ebutte Metta, Lagos.

    According to him, their actions were likely to cause a breach of public peace, an offence that contravenes Section 168(d) of the Criminal Law of Lagos State, 2015.

    Dr. Martins urged the court to sentence the defendants based on their guilty plea.

    In response, the defendant’s legal representative, T.D. Ojeshino, pleaded for leniency, arguing that the defendants were first-time offenders, some of whom were breadwinners for their families.

    He emphasised that they had been in custody since 2020 and had learned their lessons.

     

     

  • Reveal details of your running costs or meet us in court, SERAP tells Akpabio, Abbas

    Reveal details of your running costs or meet us in court, SERAP tells Akpabio, Abbas

    The Socio-Economic Rights and Accountability Project (SERAP) has asked the Senate President, Godswill Akpabio, and Speaker of the House of Representatives, Tajudeen Abbas to disclose the “exact amount of monthly running costs” allotted to members of the National Assembly.

    SERAP requested the spending details of any of such running costs as well.

    TheNewsGuru.com reports this was made known in a statement dated August 17, 2024, signed by Kolawole Oluwadare, Deputy Director of SERAP.

    The group’s demand is coming on the heels of the recent controversy surrounding the salary of Senators.

    A former Senator representing Kaduna Central, Senator Shehu Sani, had stated that Senators receive over N13 million monthly, but the Revenue Mobilisation Allocation and Fiscal Commission faulted his claim.

    In its statement however, SERAP urged the NASS leadership to “promptly end the alleged practice by the National Assembly of fixing its own salaries, allowances and running costs, in conformity with the Nigerian Constitution 1999 [as amended], and the country’s international obligations.”

    It also called them “to end the alleged practice of paying running costs into the personal accounts of lawmakers, and to refer the alleged misuse or mismanagement of the running costs to appropriate anticorruption agencies for investigation and prosecution where there is relevant admissible evidence.”

    The statement also urged the NASS leadership to “promptly disclose the total amount of running costs that have so far been paid to and received by the lawmakers and to ensure the return of any misused or mismanaged public funds.”

    The organisation said: “We are concerned about the practice by the lawmakers of fixing their salaries, allowances, and running costs, as well as the opacity and the spending of millions of naira in running costs by lawmakers.”

    It added, “The constitutional oath of office of lawmakers requires them to ensure transparency and accountability in the exact amounts of salaries, allowances and running costs they receive.”

    The letter, read in part: “The provisions of paragraph N, section 32(d) of the Third Schedule to the Nigerian Constitution clearly make it unlawful for the National Assembly to fix its own salaries, allowances and running costs.”

    “The allegations that members of the National Assembly are fixing their own salaries, allowances and running costs are entirely inconsistent and incompatible with the constitutional oath of office and the object and purpose of the UN Convention against Corruption to which Nigeria is a state party.”

    ‘Personal money shall in no circumstances be paid into a government bank account, nor shall any public money be paid into a private bank account.’”

    “In the Seventh Schedule to the Nigerian Constitution, members lawmakers commit to strive to ‘preserve the Fundamental Objectives and Directive Principles of State Policy contained in the Constitution’, [and to] perform their ‘functions honestly, faithfully’, to act ‘always in the interest of the well-being and prosperity of Nigeria’.”

    “Lawmakers also commit ‘preserve, protect and defend the Constitution of Nigeria; and abide by the Code of Conduct contained in the Fifth Schedule to the Constitution.’”

    “‘Public function’ means activities in the public interest, not against it. The reports that lawmakers are fixing their own salaries, allowances and running costs amount to private self-interest or self-dealing. It is also detrimental to the public interest.”

    “SERAP notes that Section 15(5) of the Nigerian Constitution requires public institutions to abolish all corrupt practices and abuse of power. Section 16(2) of the Nigerian Constitution further provides that, ‘the material resources of the nation are harnessed and distributed as best as possible to serve the common good.’”

    “According to our information, members of the National Assembly are currently fixing their own salaries, allowances and running costs. The running costs are reportedly paid directly into the personal accounts of members.”

    “Senator Kawu Sumaila, representing Kano South Senatorial District, recently disclosed in an interview with BBC Hausa that each Nigerian senator earns at least N21 million monthly in running costs, salaries, and allowances.”

    “Mr Sumaila reportedly said, ‘My monthly salary is less than N1 million. After deductions, the figure comes down to a little over N600,000. Given the increase effected, in the Senate, each senator gets N21 million every month as running cost.’”

    “According to reports, former President Olusegun Obasanjo recently alleged that the lawmakers fix their own salaries and allowances, contrary to the recommendation of the Revenue Mobilisation Fiscal Allocation Commission (RMAFC).”

  • Court orders forfeiture of $2.04 Million, seven properties linked to ex-CBN governor Emefiele”

    Court orders forfeiture of $2.04 Million, seven properties linked to ex-CBN governor Emefiele”

    The Federal High Court sitting in Lagos has ordered the interim forfeiture of $2.04 million and seven properties linked to the former Central Bank of Nigeria (CBN) governor, Godwin Emefiele.

    Justice Akintayo Aluko issued the order following an application by the Economic and Financial Crimes Commission (EFCC), which is investigating alleged fraudulent activities involving Emefiele.

     

    The properties include two fully detached duplexes at 17b Hakeem Odumosu Street, Lekki Phase 1, Lagos; a 1,919.592 sqm undeveloped land on Oyinkan Abayomi Drive (formerly Queens Drive) in Ikoyi; a bungalow at 65a Oyinkan Abayomi Drive, Ikoyi; a four-bedroom duplex at 12a Probyn Road, Ikoyi; an industrial complex on 22 plots in Agbor, Delta State; eight apartments on Adekunle Lawal Road, Ikoyi; and a full duplex at 2a Bank Road, Ikoyi.

     

    Justice Aluko emphasized the interim forfeiture was necessary to prevent the dissipation of assets suspected to be proceeds of unlawful activities. Additionally, the court ordered the forfeiture of two share certificates of Queensdorf Global Fund Limited Trust, a company allegedly linked to Emefiele.

     

    EFCC counsel Rotimi Oyedepo (SAN), who filed the application in suit FHC/L/MISC/500/24, argued that the assets were obtained through fraudulent means. Justice Aluko, after granting the interim forfeiture order, directed the EFCC to publish the order in a national newspaper and gave 14 days for anyone with an interest in the funds and properties to appear in court to show cause why they should not be permanently forfeited to the Federal Government. The case is adjourned to September 5, 2024, for further hearing.

     

    This latest order follows previous forfeiture orders involving Emefiele. On May 29, 2024, the Federal High Court in Lagos ordered the forfeiture of $1.4 million linked to Emefiele. Earlier, on May 23, the EFCC obtained forfeiture orders on $4.7 million, N830 million, and other properties connected to him.

    There was also a separate permanent forfeiture order for properties worth N12.18 billion from Emefiele.

  • Court extends order restricting Abuja protesters to National Stadium

    Court extends order restricting Abuja protesters to National Stadium

    Justice Sylvanus Oriji of the High Court of the Federal Capital Territory has extended the order restricting participants in the hunger protest against the federal government to the National Stadium.

    The judge extended the order on Tuesday following an application argued by Ogwu James Onoja SAN on behalf of the Minister of the Federal Capital Territory (FCT).

    During Tuesday’s proceedings, none of the eleven defendants appeared in court, nor were they represented by any legal practitioners.

    However, the FCT Minister’s lawyer drew the judge’s attention to a statement issued by one Damilare Adenola, who threatened that the nationwide protests might be extended beyond the initial 10 days.

    Onoja SAN argued that, since the defendants were not present and their next course of action was unknown, it would be prudent to extend the order to ensure that the peace of the FCT was not unjustly disrupted.

    In a brief ruling, the judge granted the request and affirmed that the order of July 31 remained valid and in force.

    The judge subsequently fixed August 22 for the hearing of the motion on notice.

    On July 31, in an ex-parte application argued by Chief Onoja SAN, the FCT Minister had sought an order of interim injunction restraining the five leaders of the protesting groups from gathering or parading themselves along any roadway, streets, offices, or public premises within the FCT from August 1 to August 10, or any other day thereafter, pending the hearing and determination of the motion on notice.

    He also sought another order of interim injunction mandating security agencies to prevent the protesting leaders from gathering or parading themselves along any roadway, offices, or public premises within the FCT between August 1 and 10, pending the hearing of his motion on notice.

     

  • Confusion in court as 2 lawyers appear in suit seeking Rivers expenditure shutdown

    Confusion in court as 2 lawyers appear in suit seeking Rivers expenditure shutdown

    There was confusion in a Federal High Court in Abuja, on Wednesday, as two counsel announced appearance for Rivers House of Assembly in a suit seeking an order shutting down all expenditures of the state government.

    The Rivers assembly, led by Martin Amaewhule, had filed the suit before Justice Emeka Nwite to restrain Gov. Siminalay Fubara of Rivers from having access to the state’s funds until he re-presents the appropriation law for the 2024 financial year before the house.

    In the originating summons dated July 14 but filed July 15 by their lead counsel, Joseph Daudu, SAN, the Rivers State House of Assembly and Right Honourable Martin Amaewhule are 1st and 2nd plaintiffs.

    They, however, sued the Central Bank of Nigeria (CBN), Zenith Bank Plc, Access Bank Plc, Accountant-General of the Federation (AGF), Governor of Rivers, Fubara; and Accountant-General (AG) of Rivers as 1st to 6th defendants respectively.

    Others include Rivers Independent Electoral Commission (RSIEC); Chief Judge (CJ) of Rivers, Hon. Justice S.C. Amadi; Chairman of RSIEC, Hon. Justice Adolphus Enebeli (rtd.) and Government of Rivers State as 7th to 10th defendants respectively.

    The plaintiffs sought an order of interlocutory injunction restraining the CBN, Zenith and Access Banks, including the AGF, from honouring any request or financial instruction issued by Fubara for revenue of Rivers State or Rivers State Government in their custody for the benefit of Rivers State or Rivers State Government.

    NAN reports that Justice Nwite had, on July 17, refused to grant the plaintiffs’ ex-parte motion moved by Sebastien Hon, SAN, for the suspension of the state’s expenditures pending the hearing and determination of the substantive suit.

    The judge, instead, ordered the plaintiffs to put all the defendants in the suit on notice and adjourned until Aug. 7 (today) for hearing.

    However, when the matter was called on Wednesday and the 1st and 2nd plaintiffs’ counsel, Mr Hon, announced his appearance, another lawyer, Sammie Soniari, SAN, stood up to also announce his representation for the 1st plaintiff (Rivers assembly).

    Soniari said pursuant to a notice of change of counsel filed on Aug. 5, he was in court to represent the house of assembly and also to appear for the applicant (RT Honourable Victor Oko Jumbo) seeking to be joined as co-plaintiff pursuant to the motion filed on Aug. 6.

    He said another motion on notice was filed on Aug. 6, seeking for an order striking out the name of the assembly from the originating summons.

    NAN observes that in the three motions filed, Soniari argued that an originating summons was filed on House of Assembly’s behalf without any authorisation.

    “Take notice that the 1st plaintiff herein has changed their Counsel, J. B. Daudu, SAN of J. B. Daudu & Co., and now briefed S. A. Somiari, SAN, MCIArb (UK) of Sammie Somiari & Associates for the purposes of legal representation in this suit,” the notice of change of counsel read.

    Also in the motion seeking for an order joining Jumbo in the case, Somiari argued that Amaewhule filed the suit without the leave and authority of the assembly.

    The lawyer submitted that Jumbo is the incumbent speaker of the 10th Rivers assembly and the statutory head of the arm of government.

    He said he was elected on May 8 following the resignation of the former Speaker, Edison Ehie.

    Somiari said on Dec. 11, 2023, Amaewhule, who was elected to represent his constituency at the Rivers assembly on the platform of the PDP,  publicly announced his defection to the APC, without any lawful justification, alongside several former members of the house.

    He said “following the said unconstitutional cross-carpeting” of Amaewhule and others, their legislative seats were declared vacant on Dec. 13, 2023 by the former speaker, “thereby leading to the cessation of their membership of the Rivers State House of Assembly.”

    “The 2nd plaintiff, who is no longer the Speaker of the House of Assembly, cannot institute an action in that capacity,” he said, among other grounds.

    Another lawyer, Collins Dike, equally announced his appearance for Obio/Akor Local Government Council of Rivers as party seeking to be joined as 11th defendant in the matter.

    When Hon stood up to make his submission on the issue of change of counsel, Soniari objected, urging the court to direct Hon to file a formal application if he had contrary view.

    “If he has any query on the motion for change of counsel, he can put it in writing in accordance with Section 6(5)(c),” he said.

    But Hon insisted that based on the Supreme Court decision in Modu Sheriff Vs. PDP, the court could take his argument orally without filing a counter affidavit, citing Section 36(1) of the constitution.

    “We are here and representing a faction (of the house of assembly) that is recognised by law,” he said.

    Dagogo Iboroma, SAN, who appeared for Gov. Fubara, argued that Hon could not have been heard when there were motions for joinder.

    Iboroma argued that Order 9(16) of the Federal High Court Rules prescribed that issues of joinder had to be settled before the court proceed in the matter.

    The CBN’s lawyer, S.T. Ologunorisa, SAN, also disagreed with Hon on his submission.

    Ologunorisa said the issue of the plaintiffs and counsel in the case must be decided first so that he would know who he is responding to.

    Turudu Ede, SAN, who appeared for Rivers AG (6th defendant), aligned himself with the Ologunorisa’s submission.

    “We need to know who brought us to court first. That has to be sorted out first in this kind of situation because we have avalanche of papers to deal with,” he said.

    Isaac  Ita, who said he appeared in protest on behalf of the 10th defendant (Rivers State Government), argued that the court had no jurisdiction to hear the matter being a vacation court.

    Citing Order 46(5) of the Federal High Court Rules, he said besides that the matter was not file during vacation, there was no urgency that would have warranted hearing the suit during the vacation.

    But Justice Nwite informed that he was directed by the Chief Judge, Justice John Tsoho, to hear the matter as a vacation judge.

    “My Learner CJ gave me the order to continue this matter during vacation

    “Can I show you the authority given to me by my Learner CJ to continue this matter as vacation judge?” he asked.

    Hon, therefore, argued that the chief judge has the administrative power pursuant to the Federal High Court Act to give the directive.

    The judge said looking at the contention of parties, there were some issues that needed to be resolved before proceeding.

    Hon then sought for a 10-minute standdown to allow him consult with his team of lawyers and the application was granted.

    After the court reconvened, Hon applied for an adjournment to enable him respond to all the motions filed.

    The lawyer also applied for an abridgment of time within which parties could file and respond to processes in the suit.

    Justice Nwite, who adjourned the matter until Aug. 30 for hearing the motions, ordered parties to file and respond to processes within seven days of receipt of court documents.

  • Protest: Court restricts protesters to Abuja stadium

    Protest: Court restricts protesters to Abuja stadium

    A Federal Capital Territory ( FCT), high court has restricted participants in the August 1 protest to the MKO Abiola stadium, also known as National Stadium.

    Justice Sylvanus Oriji issued the order on Wednesday in Abuja while ruling in an ex-parte application brought before him by the Minister of the Federal Capital Territory.

    In the ex-parte application argued by Ogwu Onoja, SAN, the FCT Minister asked for an interim injunction restraining the five leaders of the protesting groups from gathering or parading themselves along any roadway, streets, offices and public premises within the FCT between August 1 to August 10.

    “Or any other day thereafter, pending the hearing and determination of the motion on notice,” he had requested.

    He also applied for another order of interim injunction mandating the security agencies to prevent the protesting leaders from gathering or parading themselves along any roadway, offices or public premises within the FCT between August 1 and 10, pending the hearing of his motion on notice.

    The Minister, who said that the Federal Government was not averse to the protest, claimed that intelligence and security reports reaching him indicated that some elements within the leadership of the protesters intended to capitalise on the planned protest to cause havoc.

    He added they may cause irreparable damages to public facilities and block  roadways to prevent movement of persons and vehicles, and disturb public peace.

    He claimed that when he had contacted the security agencies to ensure that the planned protest did not degenerate into criminality and disturbance of public peace and order.

    The security agencies told me that they are not well equipped to manage any crisis that may arise from the planned protest at a short notice; they advised him that prevention is better than cure, he added.

    The minister tendered an exhibit from the “Take it Back Movement, FCT”, signed by one Damilare Adenola, in which they threatened to invade the Presidential Villa and also threatened to pull down the outer wires facing the Aso Rock villa during the protest

    Besides, they demanded that the FCT provide them light as well as toilet during the duration of the protest.

    In his ruling, Justice Oriji, who recognised the rights of the protesters to embark on the protest, however, restricted them to the stadium in view of the genuine fears expressed by the minister.

    “In the light of the above, the court considers it appropriate and expedient to grant an order under the omnibus or general prayer to ensure that the rights of the protesters are guaranteed.

    He added that the protest did not negatively or adversely affect the rights of other citizens to move about and to ensure that property and other public facilities are not destroyed,” the judge held.

    He, therefore, ordered the 1st to 5th respondents to “use the Moshood Abiola Stadium” only for the protest.

    Meanwhile, the court has ordered the service of processes in the suit as well as the confinement order on the respondents by placing same on the newspapers.

    Defendants in the suit are Omoyele Sowore, Damilare Adenola, Adama Ukpabi, Tosin Harsogba, persons unknown, Inspector General IG of Police, Commissioner of Police.

    Others are Director General of the State Security Service, Director General, Nigeria Civil Defense Corps, Chief of Army Staff, Chief of Air staff, Chief of Naval Staff as 1st to 12th respondents.

    Oriji subsequently adjourned hearing until Aug. 13.

  • Court restrains PDP, National Chairman, others from holding congress in Rivers

    Court restrains PDP, National Chairman, others from holding congress in Rivers

    A Rivers High Court sitting in Port Harcourt, on Friday restrained the Peoples Democratic Party (PDP) and the party’s National Executive Committee (NEC) from gathering or holding any congress in the state.

    The high court also restrained their agents from gathering anywhere in the 319 wards of the 23 local government areas in the state.

    The presiding Judge, Justice Charles Wali, g in a Judgement order obtained by the News Agency of Nigeria (NAN), restrained the PDP National Chairman, Iliya Damagum and National Secretary, Sen.Samuel Anyanwu from holding the Congress.

    Wali also gave an interim injunction restraining the party agents from gathering anywhere in Rivers to hold Ward, LGA, or state congress pending the hearing and determination of suit no: PHC/2400/CS/2024 before him.

    The judge said that the injunction specifically prevented the defendants from conducting any congresses at the ward, local government, or state levels scheduled for July 27, Aug. 10 or Aug. 31.

    The court said that the measure would remain effective pending the hearing and determination of the motion for interlocutory injunction already filed.

    The court also ordered the Inspector General  of Police (IGP); Commissioner of Police, Rivers State; Director-General, Department Security Service (DSS); and the Nigerian Security and Civil Defence Corps (NSCDC); to enforce the order on the specified dates or any other dates.

    Wali ordered that the motion on notice and the originating summons, including this order, be served on the Respondents through substituted means, specifically by publication in any widely read national newspaper in Rivers State.

    He said that the applicants would be mandated to pay damages to the Respondents if the application was found to be frivolous.

    According to him, the high court’s decision aims to ensure lawful proceedings within the state’s political framework and safeguard the legal process concerning the internal activities of the PDP.

    “The court underscores the importance of adherence to judicial orders and the potential consequences of non-compliance,” .

    The judge adjourned the hearing to August, 1, 2024.

  • Late Sani Abacha’s family drags president Tinubu to court over revoked Property

    Late Sani Abacha’s family drags president Tinubu to court over revoked Property

    The Abacha family, including Nigeria’s former First Lady, Hajia Mariam Sani Abacha, and her son, Mohammed Sani Abacha, has appealed to the Court of Appeal in Abuja, seeking to recover a property allegedly revoked unlawfully by the Federal Government.

    The property, located in the Maitama District of Abuja, was reportedly sold to Salamed Ventures Limited without the Abacha family’s knowledge.

     

    The family aims to overturn the Federal High Court’s decision from May 19, 2024, which dismissed their case.

    They argue that Justice Peter Lifu, who dismissed the suit, erred in his judgment, including rulings on jurisdiction and the family’s standing to sue.

     

    Key arguments in the appeal include:

     

    Jurisdiction Issues: The Abacha family claims that the judge wrongly ruled their case as dismissed due to lack of jurisdiction rather than struck out, contradicting previous court decisions on the matter.

     

    Locus Standi: They argue that they have the legal standing to file the suit as representatives of the late General Sani Abacha’s estate, disputing the judge’s decision that they lacked authority.

     

    Statute of Limitations: The family disputes the ruling that their case was statute-barred, emphasizing that their legal action was timely following a Court of Appeal decision in 2015.

     

    .Sale During Litigation: The family argues against the sale of the property to Salamed Ventures Limited during ongoing litigation, claiming it violated legal principles.

     

    Revocation Validity:They challenge the legality of the property’s revocation and subsequent sale, arguing it was not conducted in line with the Land Use Act requirements for public interest.

     

    The Abacha family is seeking the Court of Appeal to annul the lower court’s ruling and address the issues they have raised, including the revocation process and compensation for the property.

  • Rivers: Court stops INEC from releasing voters register for LG Polls

    Rivers: Court stops INEC from releasing voters register for LG Polls

    Federal High Court sitting in Abuja has stopped the Independent National Electoral Commission (INEC) from releasing the voters register to the Rivers State Independent Electoral Commission (RSIEC) to conduct the forthcoming local government elections in the state.

    On Friday evening, Justice Lifu issued an order of interim injunction against INEC while delivering a ruling in a motion ex-parte brought before him by the All Progressives Congress (APC)

    The motion ex-parte was filed on behalf of the All Progressives Congress (APC) by a team of senior lawyers and brought under Section 13 of the Federal High Court Act, Order 26 Rules 1 and 3, order 28 Rules 1 and 2, and under the inherent jurisdiction of the court as enshrined in Section 6 of the 1999 Constitution.

    Furthermore, the judge also ordered the Rivers Electoral Commission and Rivers Attorney-General from receiving from INEC or using part of the National Voters Register relating to Rivers State to conduct local government elections in the state.

    Additionally, Justice Lifu restrained the Inspector General of Police and the Department of State Service (DSS) from participating or providing security protection for the Rivers State Electoral Commission to conduct local government elections in the state.

    Recall that Governor Fubara recently released names of caretaker chairmen to all the Local government Areas in the state.

     

  • Just In: Court stops INEC from releasing Voters Register for Rivers LG elections

    Just In: Court stops INEC from releasing Voters Register for Rivers LG elections

    A Federal High court in Abuja on Friday stopped the Independent National Electoral Commission (INEC) from releasing voters register to the Rivers State Independent Electoral Commission (RSIEC) , for the purpose of conducting the forthcoming local government elections in the state.

    Justice Peter Lifu issued an order of interim injunction against INEC while delivering ruling in a motion ex-parte marked FHC/ABJ/CS/987/2024 brought before him by the All Progressives Congress (APC).

    The motion ex-parte was filed on behalf of APC by a team of senior lawyers comprising Joseph Daudu, Sebastine Hon and Ogwu James Onoja, all Senior Advocates of Nigeria (SANs) and brought pursuant to Section 13 of the Federal High Court Act, Order 26 Rules 1 and 3, order 28 rules 1 and 2, and under the inherent jurisdiction of the court as enshrined in Section 6 of the 1999 Constitution.

    The judges also ordered the Rivers Electoral Commission and Rivers Attorney-General from receiving from INEC or using part of the National Voter’s Register relating to Rivers State to conduct local government elections in the state.

    Similarly, Justice Lifu restrained the Inspector General of Police (IGP) and the Department of State Service (DSS) from participating or providing security protection for Rivers State Electoral Commission to conduct local government elections in the state.

    Also, the judge issued another order barring INEC, Rivers State Electoral Commission, AG Rivers State, IGP and DSS to maintain status quo ante bellum and not to do any act or take any further steps in furtherance of the conduct of local government elections in Rivers State.

    The interim orders are to remain in force pending the determination of the substantive suit in which the APC is challenging the propriety of the conduct of elections in Rivers local governments.

    Navy Chief Offers Home to Family of Fallen Hero
    In granting the interim restraining orders, Justice Lifu directed the APC to undertake to pay damages to the five defendants in case its suit was found to be frivolous and that the restraining orders ought not to have been granted in the first instance.

    Justice Lifu also granted substituted service of the orders and other court processes on the five defendants through publications in two major national dailies before the adjourned date to attract the attention of the defendants.

    Meanwhile the Judge fixed August 2, for all the defendants to appear before him to hear the substantive matter.

    In a 13-paragraph affidavit deposed to by one Tony Okocha, the acting Chairman of Rivers APC, he averred that originating summons were taken out against the defendants due to failure of INEC to comply strictly with the provisions of the Electoral Act in respect of the management of the register of voters which it intends to release to Rivers electoral body for local government elections in breach and violation of the provisions of the 1999 Constitution and the Electoral Act.

    The deponent averred that it is only the voter register compiled, maintained, updated and kept in the custody of INEC that Rivers Electoral Commission can obtain and use to conduct local government polls as Rivers SIEC is not entitled to compile, maintain, update and keep in its custody any separate voters register.

    The APC acting Chairman, further stated that its originating summons and motion on notice are pending before the court for hearing and that it has become necessary to take proactive steps to preserve the substance of the case by restraining the defendants from tampering with or dissipating the main case pending the hearing and determination of the motion.

    He also averred that APC in Rivers State brought the instant application in the interest of justice for the maintenance of status quo ante bellum and preservation of the main matter.

    Besides, the deponent undertook to pay damages as may be directed by the court in case the application for the interim restraining order turns out to be unwarranted and frivolous.

    Meanwhile, all the five defendants have been directed to appear in court on August 2 to present their own respective responses.