An Abakaliki High Court in Ebonyi State, presided over by Justice John Igboji, on Tuesday granted an interlocutory injunction restraining the Ebonyi State House of Assembly from proceeding with any impeachment processes against the state Governor, Chief Martin Elechi.
The order followed a motion ex-parte brought by Governor Elechi against the Speaker of the House of Assembly, Hon. Chukwuma Nwazunku; the Chief Whip, Hon. Kingsley Ikoro on behalf of fourteen other members of the Assembly; and five others seeking an interim restraining order against the first to the third respondents.
Joined in the suit are the Ebonyi House of Assembly, the State Chief Judge, the Commissioner of Police, the Inspector General of Police and the Attorney General of the Federation and Minister of Justice.
In the motion filed by Chief G. Tagbo Ike on behalf of the plaintiff, Chief Elechi asked the court to grant him the order pursuant to order IV Rules 3 and 4 ©(IV) and (V), Order V rule 7(B) and (D) of fundamental rights (enforcement procedure) rules, 2009, praying the court for the following orders among others:
(a) An interim injunction restraining the 1st to 3rd respondents against the applicant without causing the applicant to be served with notice of impeachment pending the determination of the substantive application.
(b) An interim injunction restraining the 4th respondent from constituting the panel of seven persons to investigate the allegations of improprieties leveled against the applicant until the applicant is caused to be served pending the determination of the substantive application.
In his ruling after hearing Ike with Chioma Okoromba, counsel to the plaintiff, Justice Igboji ordered that the application is hereby granted, stressing that the interim injunction restrains “the 1st to the 3rd respondents from howsoever continuing with the impeachment proceeding against the applicant without causing the applicant to be served with notice of impeachment pending the determination of the substantive application”.
The judge thereafter adjourned the matter to March 10, 2015.
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