The Court of Appeal sitting in Benin City, Edo State has upheld a Benin High Court judgment which ordered the suspended Peoples Democratic Party (PDP) lawmakers in the State House of Assembly to stay away from the Assembly complex.
The affected lawmakers, Deputy Speaker of the House, Festus Ebea, Jude Ise-Idehen, Friday Ogieriakhi and Patrick Osayimwen had approached the Court of Appeal to challenge the High Court order which had on June 16, restrained them from forcibly gaining entrance into the premises and legislative quarters.
The four lawmakers were former members of the All Progressives Congress (APC) who recently defected to the PDP. The House had declared their seat vacant as a result and on June 9, they were suspended from plenary for “gross misconduct” when they flouted the court order restraining them from entering the Assembly complex.
The court also restrained the Assistant Inspector-General (AIG) of Police, Zone 5, Benin City and the State Commissioner of Police.
In her ruling, Justice Morounkeji Ogunwunmiju, declared that “the said suspended members could not seek any relief from the Court of Appeal while they were in contempt or disobedience of the order of the high court.”
The court was also of the opinion that the application for stay of execution was premature as the four suspended legislators should have allowed the High Court to hear and determine the motion on notice rather than rushing to the Appeal Court.
Ogunwunmiji therefore ordered the suspended lawmakers to obey the lower court order before approaching it for a stay of execution.
Reacting to the ruling, Ferdinard Orbih (SAN) counsel to the appellants said they would study the ruling before taking any decision either to appeal against it or not.
In his reaction, Ken Mozia (SAN), counsel to the respondents, said a committal proceedings of the contempt of court had been instituted against the appellants but was however put on hold as a result of stay of execution appeal before the Court of Appeal.
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