Adamawa State High Court presided by the Chief Judge, Hon. Justice Nathan Musa, has just granted an interim injunction restraining the Independent National Electoral Commission, INEC, from conducting election for Michika constituency at the State House of Assembly.
The court has restrained INEC from conducting election following the delaration of the seat of the former Member of the constituency, Hon. Joseph Ayuba Kwada(Depolis), vacant by the Speaker of the Assembly, Rt. Hon. Aminu Iya Abbas, recently.
Equally, the court has restrained the Accountant General of the State from stopping the salary, benefit and other privileges of the Hon. Depolis pending the hearing and final determination of the motion on notice.
Justice Nathan Musa, further ruled that the court cannot be able to determine the illegality of declaring the seat of Hon. Depolis vacant at this stage as prayed.
Hon. Depolis had prayed the court to direct parties to the statusquo before the seat of the plaintiff/applicant was illegally declared vacant pending the interpretation of section 109 of the Constitution of the Federal Republic of Nigeria 1999(as amended) and hearing of the motion on notice.
Hon. Depolis in suit number HC/ADSY/73/2022, has joined the State Assembly, its Speaker, Commissioner Ministry of Finance, AG of the State, PDP and INEC as 1st to 6th defendants and sought for 4 orders of the court.
After delivering his ruling, the Chief Judge, adjourned the matter to the 16th May, 2022, for hearing of the originating process.
N. I. El-Yakub of Aji Kamale and Co. Legal Practitioners and Notary Public appeared for the Plaintiff/Applicant.
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