The All Peoples’ Congress (APC) Edo State, has watched with a growing sense of concern, the unfolding drama playing out at the Edo State House of Assembly.
Various persons, including the opposition Peoples’ Democratic Party (PDP), have made comments and pronouncements concerning the fate that befell the decampee members of the House of Assembly who were suspended by their colleagues on 9th June, 2014.
In order to clarify the issues involved and debunk the irresponsible, self-serving comments and acts of contempt being perpetrated by the Peoples Democratic Party (PDP) and its new-found partners, it is necessary to give a short review of the sequence of events leading up to this point.
On the 9th of May, 2014, three (3) members of the House of Assembly (i.e. Hon. Jude Ise-Iden, Partrick Osayimwen and Friday Ogieriakhi) approached the Federal High court in Benin City in Suit No. FHC/B/CS/48/14 wherein they sought and obtained an Ex-Parte Order of Interim Injunction restraining the Speaker and the House from declaring their seats vacant and/or suspending them pending the hearing and determination of the Motion on Notice which they also filed in the same suit.
The said Motion on Notice was subsequently argued and on the 6th of June 2014 the Hon. Justice A. M. Liman of the Federal High Court, whilst granting an Injunction restraining the Speaker and the House from declaring the seats of the Applicants vacant, however refused the prayer for an injunction restraining the Applicants from being suspended from membership of the house as he held: –
“That the disciplinary power of the House is not subject to the judicial review of the Court, accordingly the application to restrain the 2nd Respondent from suspending the applicants from the House is hereby refused”.
On the 9th of June, 2014, the members of the Edo State House of Assembly, acting within their powers duly recognised by His Lordship, Justice A. M. Liman in the ruling earlier referred to, suspended four (4) of its members for an indefinite period for the offence of misconduct as provided for under Order 38 of the Rules of Procedure of the House of Assembly.
The said members were: –
(1)Â Â Â Â Â Â Â Â Â Â Â Â Â Â HON. FESTUS EBEA
(2)Â Â Â Â Â Â Â Â Â Â Â Â Â Â HON. PATRICK OSAYIMWEN
(3)Â Â Â Â Â Â Â Â Â Â Â Â Â Â HON. JUDE ISE-IDEHEN
(4) Â Â Â Â Â Â Â Â Â Â Â Â Â Â HON. FRIDAY OGIERIAKHI
Upon the failure of the said members to comply with the suspension order and their acts of forcible entry into the premises and chambers of the House of Assembly the House and its Principal Officers filed Suit No. B/70/0S/2014 at the Edo State High Court and on the 11th of June, 2014, the Court granted an Order Restraining the said four (4) suspended members along with the Assistant Inspector General of Police, Zone 5, and the Edo State Commissioner of Police from:
“forcibly gaining entrance into the premises and Legislative Quarters of the 3rd Claimant or howsoever interfering with the sitting activities and other functions of the 3rd Claimant pending the determination of the Motion on Notice.”
Notwithstanding the fact that the suspended Honourable Members were represented in Court on the 11th June, 2014 by Chief Ferdinand Orbih SAN when the Order of Injunction was made, the Court further ordered that they be served by Advertisement in one National and one Local Newspaper.
Despite the service of the processes including the Order of Injunction on all the parties, the suspended members have continued to create tension and chaos in the House of Assembly and its environs by forcibly entering into the premises and chambers of the House of Assembly aided by numerous thugs and (rather unfortunately) officers and men of the Nigeria Police force.
We are informed that these contemnors claim, rather erroneously, that they can act in defiance and disobedience of the positive order of Court on the ground that they are pursuing an appeal against the order.
It is an elementary principle of our Legal System that an Order of a Court remains valid and subsisting which all parties must comply with unless and until it is set aside by the Court which issued same or a Court of Appeal.
The All Peoples Congress (APC) believes that the actions of the suspended members and the Police at the prodding of hierarchy of the Peoples’ Democratic Party (PDP) is a clear and present threat to the peace and order of the State and constitutes a calculated slap in the face of the Judiciary.
We call upon all concerned well meaning citizens, in particular the President of the Federal Republic of Nigeria to prevail on the suspended lawmakers, their political leaders and their uniformed collaborators to stop these acts of needless defiance and impunity and show due respect to the judiciary, the rule of law and our respected royal fathers.
We believe that we all have a collective duty to protect and preserve the institutions of democracy as provided for in the Constitution of the Federal Republic of Nigeria.
Signed:
Anselm Ojezua,
Chairman,
APC, Edo State
