Assembly Crisis: Court Stops INEC, Edo Govt. From Conducting By-Election Pending Determination

The Federal High Court, Abuja, on Tuesday, restrained the
Independent National Electoral Commission (INEC) from conducting
fresh election to fill the vacant seats of the embattled 14 House
of Assembly lawmakers in the state.

The vacation judge, Justice Ahmed Mohammed, who gave the order
in a motion ex-parte with suit: number: FHC/ABJ/CS/1582/19 filed by
Mr D.D. Dodo on behalf of the 14 lawmakers, said the parties in the
suit should hold on pending the determination of the motion before
the court.

News Agency of Nigeria (NAN) reports that while the 1st and 2nd
defendants in the suit are Speaker, Edo State House of Assembly,
Frank Okiye, and INEC respectively, the plaintiffs are Victor
Edoror, Washington Osifo, Vincent Uwadiae, Kingsley Ugabi, Michael
Ohio-Ezomo, Sunday Aghedo and Chris Okaeben.

Others are Crosby Eribo, Aliyu Oshiomhole, Oshomah Ahmed, Ganiyu
Audu, Ugiagbe Dumez, Uyi Ekhosuehi and Eric Okaka.

NAN reports that the 14 lawmakers had, on Dec 12, approached the
court, seeking an order of interim injunction restraining INEC from
conducting by-elections in respect of their seats in the state’s
assembly purportedly declared vacant by the speaker on Dec. 4,
2019, pending the hearing and determination of the motion on notice
dated Dec. 10, 2019.

Justice Mohammed had, at the hearing, directed the 1st and 2nd
defendants to appear before the court on Dec. 19 to show cause why
the interim injunction being sought by the plaintiffs vide their
motion ex-parte should not be granted.

Mohammed also ordered that the enrolled order to show cause,
motion exparte for interim injunction, motion on notice for
interlocutory injunction and the originating processes should be
served on the respondents.

The judge, who ordered that hearing notices be issued on the
respondents, then adjourned the matter till Dec. 19 for Okiye and
INEC to appear and show cause.

Although on Dec. 19, NAN reports that the court did not sit,
parties in the suit were given Jan. 7 for further proceeding.

At the resumed hearing on Tuesday, Ikhide Ehighelua, Counsel to
the 14 lawmakers, reminded the court about the motion ex-parte
filed on Dec. 10, 2019.

“My Lord, my learned friend from INEC is here today,” he
said.

Femi Adeyemi, Counsel to INEC, though acknowledged that the
commission was served with all the processes, including the
enrolled order, he said it was not served with the motion
ex-parte.

Adeyemi, who told the court that INEC’s position on the matter
was to be neutral, said the electoral umpire did not oppose the
applications filed by the plaintiffs.

“My Lord, our position is that we want to retain our
neutrality,” he told the judge.

He hinted that he had not file an affidavit in support of the
commission’s position.

Justice Mohammed, however, said based on provisions of Order 26
Rules 11, 12 and 13 of the Federal High Court Civil Procedure
Rules, 2019, where a defendant is asked to come and show cause, the
defendant is expected to file an affidavit in evidence and not an
oral evidence.

“What you are telling me here is evidence. I understand you very
well. You file an affidavit that you want to be neutral.

“File an affidavit and explain there even if it is a two
paragraphs, but not to stand at the bar and explain,” the judge
said.

Justice Mohammed, therefore, told Adeyemi that having decided
not to oppose the applications filed by the lawmakers, the
commission should restrain itself from taking further step since
the matter was still pending in court.

Delivering his ruling, the judge ordered INEC to file an
affidavit in support of its position and to show cause why the
interim injunction should not be granted before the next adjourned
date.

Justice Mohammed, who ordered that the 1st defendant, Mr Okiye,
who was not represented in court, be issued with the hearing
notice, adjourned the matter till Jan. 28.

NAN reports that the Gov. Godwin Obaseki of Edo on Dec 26, at a
gathering of All Progressives Congress (APC) in the state, said the
14 lawmakers “who were mistakenly elected into Edo State House of
Assembly and are members of the Edo Peoples Movement (EPM) have
been thrown out and the Independent National Electoral Commission
(INEC) is aware and will soon announce date for a fresh election,
where we would have opportunity to elect credible representatives
who will represent us in the House.”

NAN reports that the 14 lawmakers had, since the inauguration of
the assembly, drawn a battle line with the governor over what they
described as leadership imposition in the house. (NAN)

NIS Releases Immigration Procedures for
Travellers

In line with the Federal Airport Authority of Nigeria (FAAN)
guidelines on international travel, all persons crossing our
international border are to comply with the procedures on passenger
clearance as contained in the Immigration Act, 2015 and Immigration
Regulation 2017.

2. The Introduction of Migration Information Data Analysis
System (MIDAS) in clearance of passenger has made it necessary for
passengers to undergo the following clearance procedures:
a) Appear before an Immigration Officer at Immigration Counter in
person.
b) Submit National Passport and other relevant documents the
Officer might request
c) Present self to Immigration for biometric capture and provide
demographic information.
d) When a passenger is travelling with a minor, he/she is expected
to present the minor to immigration for documentation.

3. In view of the above, it is mandatory for all departing
passengers to present themselves for clearance two (2) hours before
departure of the aircraft. The attitude of some passengers arriving
the Immigration Counter late will not be accepted.

4. It is important to note that after Immigration clearance, a
passenger is deemed admitted or departed Nigerian territory. This
means no passenger will be allowed to leave the Immigration Control
Area after departure clearance.

Signed
DCI Sunday James pcc
Service Public Relations Officer
For: Comptroller General of Immigration