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Court Restrains INEC From Conducting By-election Into Edo Assembly Seats

The Abuja division of the Federal High Court, on Tuesday, stopped the Independent National Electoral Commission (INEC) from conducting fresh election to replace 14 House of Assembly members-elect yet to be inaugurated to take their seats.
The electoral body was restrained from conducting any election to fill the 14 seats declare vacant pending the hearing and determination of the substantive suit against the leadership of the house.
Justice Ahmed Mohammed issued the restraining order sequel to a motion ex-parte filed by the members-elect.
The state legislators-elect who instituted the legal action include; Victor Edoro, Washington Osifo, Vincent Uwadiae, Kingsley Ugabi, Michael Ohio-Ezomo, Sunday Aghedo and Chris Okaeben.
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Others are Crosby Eribo, Aliyu Oshiomhole, Oshomah Ahmed, Ganiyu Audu, Ugiagbe Dumez, Uyi Ekhosuehi and Eric Okaka.
They had approached the court, seeking an order of interim injunction restraining INEC from conducting by-elections in respect of their seats in the Edo State House of Assembly purportedly declared vacant by the speaker on December 4, 2019, pending the hearing and determination of the motion on notice.
The suit dated December 10, 2019 has as respondents Speaker, Edo State House of Assembly, Honourable Frank Okiye and INEC as 1st and 2nd defendants respectively.
Delivering ruling in the ex-parte with suit: number: FHC/ABJ/CS/1582/19 and filed by Damian Dodo SAN, on behalf of the 14 lawmakers, Justice Mohammed ordered that parties in the suit should not take any further steps pending the determination of the motion before the court.
The judge had at the last hearing ordered the 1st and 2nd defendants to appear before the court on December 19 to show cause why the interim injunction being sought by the plaintiffs vide their motion ex-parte should not be granted.
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Justice Mohammed also ordered that the enrolled order to show cause on motion ex-parte for interim injunction, motion on notice for interlocutory injunction and the originating processes should be served on the respondents.
The judge, who ordered that hearing notices be issued on the respondents, had then adjourned the matter till December 19 for Okiye and INEC to appear and show cause.
Although the court did sit at the adjourned date (December 19, 2019) parties in the suit were given January 7, 2020. for further proceeding.
When the matter was called yesterday counsel to the applicants, Ikhide Ehighelua reminded the court about the motion ex-parte filed on December 10, 2019.
“My Lord, my learned friend from INEC is here today,” he said.
Responding, INEC’s lawyer, Femi Adeyemi, though acknowledged that the commission was served with all the processes, including the enrolled order, said it was not served with the motion ex-parte.
Adeyemi, who told the court that INEC’s position on the matter was to be neutral, said the electoral umpire did not oppose the application filed by the plaintiffs.
“My Lord, our position is that we want to retain our neutrality,” he told the judge.
He hinted that he had not filed an affidavit in support of the commission’s position.
Justice Mohammed, however, said based on provisions of Order 26 Rules 11, 12 and 13 of the Federal High Court Civil Procedure Rules, 2019, where a defendant is asked to come and show cause, the defendant is expected to file an affidavit in evidence and not an oral evidence.
“What you are telling me here is evidence. I understand you very well. You filed an affidavit that you want to be neutral.
“File an affidavit and explain there even if it is a two paragraphs, but not to stand at the bar and explain,” the judge said.
The court held that INEC having decided not to oppose the applications filed by the lawmakers, the commission should restrain itself from taking further step since the matter was still pending in court.
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Justice Mohammed in addition ordered INEC to file an affidavit in support of its position and to show cause why the interim injunction should not be granted before the next adjourned date.
The Judge ordered that the 1st defendant, Mr Okiye, who was not represented in court be issued with the hearing notice, adjourned the matter till January 28.
(SUN)
News
Edo NLC Crisis: Caretaker Committee Drags Rival Exco, Govt To Court
The division in the Edo State Council of the Nigeria Labour Congress (NLC), took a new dimension on Wednesday as Prof. Monday Monday Lewis Igbafen-led caretaker committee approached the National Industrial Court of Nigeria, Benin Judicial Division, seeking to affirm its authority and restrain a rival executive from parading itself as the council’s leadership.
Joined in the suit are the Edo State Government, the Commissioner for Labour and Productivity, and the Attorney-General and Commissioner for Justice.
In a suit marked: NICN/BEN/12/2026, and filed before the court in Benin, the claimant, Igbafen, acting for himself and on behalf of the NLC Caretaker Committee in Edo State, is challenging the continued occupation of the union’s secretariat and control of its assets by members of the Bernard Egwakhide-led factional State Executive Council.
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The claimants are asking the court to declare that the caretaker committee (Igbafen-led faction), constituted on August 11, 2025, by the NLC national leadership, remains the only lawful authority to administer the affairs of the Edo State Council pending fresh elections.
They further seek a declaration that the continued occupation of the NLC secretariat located at No. 1 Teboga Road, Benin City, as well as the retention of union assets, financial records, and official instruments by the defendants, is illegal and void.
The suit also prays for an order of perpetual injunction restraining the defendants from parading themselves as officials of the NLC Edo Council or interfering with the functions of the caretaker committee.
In addition, the claimants are seeking a mandatory order compelling the defendants to immediately hand over the secretariat, vehicles, financial documents, cheque books, and all other properties belonging to the union.
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The caretaker committee further urged the court to restrain the state government and its officials from interfering in the internal affairs of the union, alleging undue support for the dissolved executive.
The claimants further demand N50 million as general and exemplary damages against the defendants for alleged unlawful usurpation of office and acts prejudicial to the administration of the council.
According to court documents made available to our correspondent, the crisis followed the dissolution of the Edo State Council by the NLC National Executive Council on February 27, 2025, over allegations of misconduct, anti-union activities, and constitutional violations.
However, the matter has yet to be assigned a hearing date.
News
Transfer: Premier League Clubs Scramble For Dele-Bashiru
Lazio midfielder, Fisayo Dele-Bashiru is a subject of interest from three Premier League clubs, according to Sky Sports.
Lazio reportedly rejected offers from Nottingham Forest and Bournemouth for the Nigeria international in January.
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La Biancolesti are bracing for more interest in Dele-Bashiru ahead of the summer transfer window, according to Sky Sports.
The 24-year-old has two years left on his contract with the Serie A club.
The attacking midfielder joined the Rome-based club from Turkish Super Lig outfit Hatayspor in 2024.
He has been a regular feature for Lazio this season.
News
Xenophobic Attacks: Nigerian Students To Picket MTN, MultiChoice, Other Businesses
The leadership of the National Association of Nigerian Students, NANS South-West Zone D, has announced plans to picket South African companies in Nigeria following the ongoing xenophobic attacks in the country.
DAILY POST reports that some Nigerians were recently killed in South Africa over the violent attacks.
A statement issued to newsmen by Comrade Adeyemo Josiah Kayode, Coordinator, NANS South-West, Zone D, said that the association is mobilizing to take decisive and lawful action by organizing peaceful picketing and mass advocacy against South African business interests operating in Nigeria.
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“We categorically state that the continued targeting of Nigerians under any guise is unacceptable and must come to an immediate end.
“This will include major corporations such as MTN Group and MultiChoice Group. It is morally indefensible for businesses to thrive in an environment where the lives of Nigerians are protected, while Nigerians are subjected to fear and violence elsewhere.
“This contradiction will no longer be tolerated,” the statement said.
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