The Federal High Court sitting in Abuja on Monday fixed May 21 for hearing in the suit filed by seven Peoples Democratic Party lawmakers in the Ekiti State House of Assembly.
The lawmakers are seeking to set aside all the actions of the All Progressives Congress lawmakers in the House, including plans to impeach Governor Ayodele Fayose and his deputy, Kolapo Olusola.
The plaintiffs – Dele Olugbemi Joseph, Ajibola Samuel Oyedele, Israel Olowo, Alex Ade Ojo, Adeyinka Adeloye, Adesope Olayinka and Ayoka Fatunmbi – had approached the court through their counsel, Ahmed Raji (SAN), seeking an order to set aside all actions and activities taken by the APC lawmakers.
Listed as defendants are the Inspector General of Police; the Speaker of the Ekiti State House of Assembly, Dr. Adewale Omirin; and 21 APC lawmakers.
The court had at the last adjourned date while ruling on an ex-parte application brought by the plaintiffs, ordered the APC members in the Ekiti State House of Assembly to maintain the status quo in their bid to impeach Fayose.
After ordering the lawmakers to maintain the status quo, the judge summoned them to come and show cause why he should not declare their seats vacant and also set aside all the actions taken so far with respect to the impeachment of Fayose.
The court had fixed Monday for the hearing of the motion on notice.
At the resumed hearing of the suit on Monday, Raji informed the court that the defendants had not filed any application as ordered by court, showing why their (plaintiffs) reliefs against the defendants should not be granted.
He however urged the court to grant all their prayers setting aside all the actions of the APC lawmakers.
Counsel to the defendants, Terence Vember, raised an application challenging the jurisdiction of the court to hear the matter in the first place.
Vember told the court that he did not file any application because he is opposing the plaintiffs’ application.
He argued that the law permitted him to argue orally because the motion on notice filed by the plaintiffs was in default, having not sought the leave of court before filing it.
The trial judge, Justice Evoh Chukwu, however ordered the defendants to file their submission in writing.
Chukwu later adjourned till May 21 to hear the defendants application challenging his jurisdiction.
The plaintiffs in the suit had asked the court to set aside all actions and activities taken by the APC lawmakers.
According to Justice Chukwu: “It is hereby ordered that the status quo ante bellum as at 23 April, 2014 be maintained pending the hearing and determination of the motion on notice.”
The judge also ordered the plaintiffs to issue and serve the originating summons and all other processes in the suit on the defendants in Ekiti State outside the jurisdiction of the court.
The judge further granted leave to the plaintiffs/applicants to serve the originating summons and all other processes in this suit on the 2nd to 21st defendants by substituted means by advertising same in the newspaper.
He said: “That the service of the Originating Summons and all other processes in this suit on the 2nd to 21st defendants are deemed as proper service.
“That on the application of plaintiffs/applicants’ counsel, time is hereby abridged to seven (7) days within which the respondents are to file their processes, i.e. counter affidavit and written address, if any, from the date of the publication in the newspaper.”
The plaintiffs in the suit also asked the court to restrain the Clerk of the Ekiti State House of Assembly (the 21st defendant in the suit) from further according legislative privileges to the APC lawmakers in view of their continuous absence from meetings and legislative business of the state House of Assembly, pending the determination of the Motion on Notice for interlocutory injunction.
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