Justice Phoebe M. Ayua of the Federal High Court in Port Harcourt, has ordered the Rivers State House of Assembly, the Speaker of the House and the Deputy Speaker not to take any further step concerning the impeachment of the Governor of Rivers State pending the determination of a suit filed by Amadi Coddey Madubuochi and Goya Oluka.
The Applicants, Amadi Coddey Madubuochi and Goya Oluka had in the suit marked: FHC /PH/CS/234/2023 filed by their lawyer, Eric Omare prayed for an Order of Interim injunction restraining the Speaker and eight others from proceeding or carrying out any process and or issuing any directives connected with the impeachment or removal from office of the 7th and 8th Defendants pending the hearing and final determination of the Motion on Notice filed in this suit
Listed as co-dependent in the suit are, the Commissioner of Police, Rivers State, the Director, Department of State Security Services, Rivers State, the Governor of Rivers State, the Deputy Governor of Rivers State and the Inspector General of Police.
The Applicants, had prayed the court for the following reliefs “An Order of Interim injunction restraining the 1st, 2nd and 3rd Defendants from howsoever proceeding or carrying out any process and or issuing any directives connected with the impeachment or removal from office of the 7th and 8th Defendants pending the hearing and final determination of the Motion on Notice filed in this suit.
“An Order of interim injunction restraining the 4th Defendant from accepting any instruction, directive or notification and/or carrying out ony duty, direction or order from the 1st, 2nd 9th and 4th Defendants in connection (sic}] any process howsoever intended to cause the removal from office of the 7th and 8th Defendants as Governor ond Deputy Governor of Rivers State pending the
hearing and determination of the Motion on Notice filed in this sult,
“An Order restraining the 5th, 6th and 9th Defendants from enforcing any instruction, notice or order issued by 1st, 2nd or 3rd Defendants or any officer acting on their behalf in connection with the removal of the 7th and 8th Defendants or obstructing them from acting pending the hearing ond final determination of the Motion on Notice filed in this suit.
And for such other or further orders os this Honourable Court may deem fil 1o make in the circumstances of this sult.
After reading the Affidavit in support of the Motion sworn to by Amadi Goddey Madubuctchi, and hearing E. K. Omare, for the Plaintiffs/Applicants, the court ordered as follows:
“That the prayers as stated on the Motion paper are denied.
“That an Order is made directing the
Plaintiffs/Applicants to put the Respondents on Notice forthwith.
“That an Order is however, made, directing that all parties on record respect the Court and should not take any step concerning the subject matter in this matter, since the matter is already before this Court- sub judice-pending the hearing and determination of Mation on Notion”.
The suit has been adjourned to November 9, 2023, for hearing of the Motion on Notice.
