A Federal High Court sitting in Benin City Friday struck out a motion restraining nine legislators of Peoples Democratic Party (PDP) from further sitting in the House of Assembly chamber.
The court, however, granted an interim injection restraining the police from preventing the PDP lawmakers, and staff of the Assembly from having unrestricted access into the premises and their offices pending the hearing and the determination of the motion on notice.
Speaker Uyi Igbe and 14 All Progressives Party (APC) members had sought an order of interim injunction stopping the PDP-elected members from holding any legislative function in the complex.
Presiding, Justice Mohammed Liman said the prayer of the APC lawmakers was outside the ambit of Section 25 (1) (q) (r) (s) of the Constitution,
“It is a matter within the jurisdiction of the state High Court”, Justice Liman ruled.
Relying on Order 4f6, rule 5 of the court, the judge declined another prayer for an order directing that time should not run during the period of 2014 annual vacation of the Federal High Court between July 12 to September 15, 2014,
“The interlocutory injunction shall be taken by the vacation judge on a date assigned by her or subject to the defendant filling motion to set aside the interim order,” ruled the judge,
The court, in addition, granted an order of interim injunction restraining first and second defendants (police) from preventing workers engaged by the Assembly from continuing the renovation and repairs to the leaking roof of the assembly complex pending the hearing and the determination of the motion on notice.