A Makurdi High Court, Monday, vacated the interim order restraining the Speaker of the Benue State House of Assembly, Titus Uba, and 21 other members from holding sittings at the assembly complex.
The presiding Chief Judge of the state, Justice Aondover Kaka’an, vacated the order following a motion brought before him by counsels to the Speaker, Titus Uba.
The speaker, who was represented by Sebastine Hon and Edward Ashiekaa, all Senior Advocates of Nigeria (SAN), had prayed the court to set aside its interim order of August 13.
The order restrained Mr. Uba and the 21 other state lawmakers from conducting legislative business at the complex.
After listening to two senior lawyers, Justice Kaka’an vacated the order.
Mr. Kaka’an argued that by law the judicial arm of government could not restrain the Benue State House of Assembly from performing its legislative functions.
He stated that the role of the judiciary is not to overheat the polity with orders capable of destabilising same, and maintained that the court should not encourage impunity in any way.
READ ALSO: Gov. Emmanuel donates N48m to corpers, camp officials
The Chief Judge described the argument against granting of the motion by counsel to the former Speaker, Terkimbi Ikyange and seven others as an academic exercise.
He ruled that the interim order of August 13, which restrained the use of the assembly complex, played on the intelligence of an earlier order and the entire legal system and was a dent on the image of the judiciary.
Justice Kaka’an maintained that injunctive orders were not at the beck and call of the court to be shared and that claimants must earn them.
He transferred the substantive case to High Court 9 presided over by Justice Augustine Ityonyiman, for hearing and determination in November 26
Reacting to the court’s ruling, the state Attorney General and Commissioner for Justice, Michael Gusa said the Uba-led House of Assembly could resume the conduct of legislative business.
