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An Abuja High Court has ordered the leadership of the lower chamber of the National Assembly (NASS) to maintain the status quo ante, and not take any further actions that would amount to breaching the fundamental human rights of Rep. Kingsley Chinda (PDP, Rivers) over his call for the impeachment of President Muhammadu Buhari.
Recall that following Rep Chinda’s call for Buhari’s Impeachment, the House of Representatives through the Majority Leader, Alhassan Ado Doguwa (APC, Kano), had on several occasions threatened the Rivers lawmaker, including threatening to take disciplinary action against him.
However, upon hearing the motion ex-parte dated and filed 8th January, 2021, and upon listening to Ebere Nwanya Esq., counsel to Chinda, the Bwari High Court ordered the House and all of its committees not to take any actions that meant infringing on the rights of the lawmaker.
The court, presided over by Justice O. A. Musa, granted the applicant, Chinda to serve the processes in the suit titled: FCT/HC/BW/CV/09/2021 on the respondents by substituted means by serving same on any officer at the office of the Clerk of the National Assembly.
The order reads: “That the Respondents, whether by themselves or through any Committee of the House howsoever named or described or in the Plenary, are hereby ordered to maintain the status quo ante or take any further steps likely to breach the Applicant’s Fundamental Rights as guaranteed under Sections 39(1) and 42(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Article 9(2) of the African Charter on Human and people’s Rights pending the hearing of the Motion on Notice which has already been filed to be served along with the order of the court on the Respondents.
“Leave is granted to the applicant to serve the processes in this suit on the 1st, 2nd, 3rd, and 4th Respondents by substituted means by serving same on any officer at the office of the Clerk of the National Assembly and by further publishing the notice of the action or court order in one National daily.
“That parties are ordered to file and exchange pleadings within 7 days’ time limits each”.
IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY,
IN THE ABUJA JUDICIAL DIVISION, HOLDEN AT COURT NO. 11 BWARI, ABUJA.
BEFORE HIS LORDSHIP: HON. JUSTICE O. A. MUSA.
ON THE 11TH JANUARY, 2021
SUIT NO: FCT/HC/BW/CV/09/2021
MOTION NO: FCT/HC/M/080/2021
BETWEEN:
HON. KINGSLEY CHINDA – APPLICANT
AND
1. HOUSE OF REPRESENTATIVES OF THE FEDERAL REPUBLIC OF NIGERIA
2. CLERK OF THE NATIONAL ASSEMBLY
3. CLERK OF THE HOUSE OF REPRESENTATIVES OF THE FEDERAL REPUBLIC OF NIGERIA
4. HON. ALHASSAN ADO DOGUWA….. …… RESPONDENTS
ENROLLED ORDER
Upon hearing the Motion Ex-parte dated and filed 8th January, 2021. And upon listening to Ebere Nwanya Esq. of counsel to the Applicant Praying this Honourable Court for the following orders:
1. AN ORDER granting the Applicant leave to serve the processes in this suit on the 1st, 2nd, 3rd and 4th Respondents by substituted means by serving same on any officer at the office of the Clerk of the National Assembly and by further publishing the notice of the action or Court order in one National Daily
2. AN ORDER OF INTERIM INJUNCTION restraining the Respondents, whether by themselves or through any Committee of the house howsoever named or described or at the plenary from purporting to investigate, suspend or in any way interfere with the Applicant’s access to the 1st Respondent’s chambers and/or offices, or from taking any steps likely to breach the Applicant’s fundamental rights as guaranteed under Sections 39(1) and 42(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Article 9(2) of the African Charter on Human and Peoples Rights, pending the hearing and determination of the constitutional questions nominated in the substantive Originating Motion on Notice.
3. AN ORDER of this Honourable Court ordering the parties herein to file and exchange pleadings due to conflicting evidence and the hostile nature of this proceedings, in line with the decision of the Supreme Court in the case of NATIONAL BANK OF NIGERIA LTD & ANOR v. ALAKIJA & ANOR (1978) LPELR 1949(SC)
4. And for Such Further or Other Order(s) as this Honourable Court may deem fit to make in the circumstances of the case.
IT IS HEREBY ORDERED AS FOLLOWS:
1 That the Respondents, whether by themselves or through any Committee of the House howsoever named or described or in the Plenary, are hereby ordered to maintain the status quo ante or take any further steps likely to breach the Applicant’s Fundamental Rights as guaranteed under Sections 39(1) and 42(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Article 9(2) of the African Charter on Human and people’s Rights pending the hearing of the Motion on Notice which has already been filed to be served along with the order of the court on the Respondents.
2. Leave is granted to the applicant to serve the processes in this suit on the 1st, 2nd, 3rd, and 4th Respondents by substituted means by serving same on any officer at the office of the Clerk of the National Assembly and by further publishing the notice of the action or court order in one National daily.
3. That parties are ordered to file and exchange pleadings within 7 days’ time limits each.
Case adjourned to 8 February, 2021 for Hearing
GIVEN UNDER THE HAND OF THE HON. Presiding Judge and the seal of this Honourable Court dated 11″ day of January, 2021.