Court of Appeal rules on motions by defective lawmakers

By Tina Amanda

At a virtual hearing on June 14, 2024, the Court of Appeal in Port Harcourt delivered its ruling on two motions filed by Martins Amaewhule and other defected lawmakers. The motions challenged the injunction issued by the Rivers State High Court, which restrained them from acting as lawmakers.

On the first motion Court granted the Appellants’ prayers for leave to compile and transmit the records of Appeal, deeming the Appellants’ brief of argument as filed, accelerated hearing and a stay of further proceedings at the High Court.

The Court however refused to grant the prayer for stay of execution and setting aside the interim order of the Lower Court as there is a presumption of correctness of an order of a Court.

It held that granting same would be tantamount to determining the appeal at this stage. The Court went on to order the present status quo should be maintained pending the hearing of the Appeal.

Ruling on the 2nd Motion which was brought to set aside the interlocutory injunction of the Lower Court, the Court also refuse the prayer, and reiterated that the ‘present’ status quo should be maintained.

The Respondents are to filed their briefs within 72 hours of being served. The was adjourned to 20 June, 2024, for Hearing of the Appeal.

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