Appeal Court Throws Out PDP Lawmakers’ Application Over Suspension

The Court of Appeal in Benin City yesterday threw away the application brought before it by four suspended members of Edo State House Assembly which challenged an order restraining them from the House, saying the application lacked merit as they had refused to obey the interim order slammed on them by a lower court. The four lawmakers, Patrick Osayimen, Jude Ise- Idehen, Friday Ogierakhi and Festus Ebea, were former members of the All progressives Congress (APC) who recently defected to the Peoples Democratic Party (PDP). They were suspended by the House but they refused to accept the action, saying it was not duly done. They also defied an interim order restraining them from going to the legislative chambers and quarters, and approached the Court of Appeal to challenge the order. Delivering her ruling, Justice H. M. Ogunwumiju , along with two other justices, said the lawmakers could not come to challenge a valid order that they did not obey, adding that they should have obeyed the order restraining them from coming into the House of Assembly and allowed the motion on notice to be argued. He said, “It is quite lawful also that stay of execution is not granted in void; the party in contempt cannot deliberately flout an order of the court and proceed to seek remedy in a higher court while still in contempt of the lower court. “The pursuit of a judicious hearing of the pending motion on notice of the interlocutory injunction in the lower court seems to be the proper course to follow so that the right of the application will be deliberated upon. The application is premature, devoid of merit and is hereby dismissed.” Counsel to the four lawmakers, Ferdinand Orbih, said they would study the ruling and then decide what to do. His counterpart on the side the All Progressive Congress (APC) lawmakers, Ken Mozia, said the ruling would enable them to continue committal proceedings against the suspended lawmakers for contempt of court. “The police have a duty to comply with the law; the high court spoke, they did not obey, and now the Court of Appeal has removed every vestige of justification that they may have. So now they have been told in clear terms that the parties concerned must comply with the order so let us see what they will do.” Meanwhile, traditional rulers in the state have agreed to set up a committee to resolve the crisis. Speaking to journalists in the palace of the Oba of Benin shortly after the meeting of the State Council of Traditional Rulers, the Otaru of Auchi, Alhaji Haliru Momoh said, “Edo State is in a turmoil and we felt we must, as traditional rulers, come into the matter to resolve it totally and absolutely and we felt that the State Council of Traditional Rulers should make a statement to the country about the situation here. “Omo N’ Oba has agreed that we dissolve into a committee and call our subjects and resolve the matter that is between them absolutely and totally.”