- Adjourns appeal to June 20
The Court of Appeal sitting in Port Harcourt on Friday rejected an invitation by the 26 former members of the Rivers State House of Assembly to stay execution of the order barring them from parading as lawmakers after their purported defection to the All Progressives Congress (APC).
The Court of Appeal, Port-Harcourt at a virtual hearing via Zoom said granting such a request would amount to deciding the case when parties are yet to present their arguments.
Specifically, the intermediate appellate court while ruling on one of the two motions by the defected lawmakers granted the appellants’ prayers for leave to compile and transmit the records of appeal, deeming the appellants’ brief of argument as filed, accelerated hearing and a stay of further proceedings at the High Court.
The Court of Appeal however refused to grant the prayer for stay of execution and setting aside the interim order of the lower court as there is a presumption of correctness of an order of a Court.
It held that granting same would be tantamount to determining the appeal at this stage.
The Court went on to order that the present status quo should be maintained pending the hearing of the appeal.
Ruling on the 2nd Motion which was brought to set aside the interlocutory injunction of the Lower Court, the Court of Appeal also refused the prayer, and reiterated that the ‘present’ status quo should be maintained.
The respondents are to file their briefs within 72 hours of being served.
The case has been adjourned to 20/6/24 for hearing of the Appeal.
Reacting to the court ruling, the spokesperson of opposition lawmakers – G60, Hon. Ikenga Ugochinyere hailed the judiciary, saying that the decision was in the interest of democracy and justice.
He said the ruling will help maintain peace, stability and stop the endless attempt by sacked lawmakers to undermine democracy.
He added that the ruling is a good defeat to the several attempt to rape democracy norms.
