Court of Appeal, Port Harcourt, commences ruling on the matter CA/PH/198/2024: Hon. Martin Chike Amaewhule & 24 Ors Vs Rt Hon. Comr Victor Oko Jumbo & 5 Ors.
Appeal Court says on the matter of appeal on CA/PH/198/2024 that parties maintain the present status quo and nobody should take any further steps pending the hearing of the appeal
And hearing on the appeal is fixed on June 20, 2024 as notice of hearing will be served before the date.
Here is the judgement in full
PRAYERS SOUGHT BY THE APPELLANTS:
By this application filed vide a motion on notice brought pursuant to Order 6 Rule 1, Order 19 Rule 1 and 2 of the Court of Appeal Rules, 2021 and Section 15 of the Court of Appeal Act, 2004; the Appellant/Applicant prayed for the following orders:
1. An order granting the Appellants leave to complete and transmit the record of appeal in this appeal.
2. An Order deeming the record of appeal compiled and transmitted by the appellants and
filed in this appeal as the record of appeal in
this appeal.
3. An order accelerating the hearing of this appeal.
4. An order abridging the time allowed by the rules
of this honourable court for parties to file their
briefs of argument in this appeal.
5. An order staying the execution of the exparte
orders of interim injunction made on the 10th day of May, 2024 in suit no: PHC/1512/CS/2024 between Rt. Hon. Victor Oko Jumbo and Ors. Vs. Hon. Martin Chike Amaewhule and Ors. By the Rivers State High Court sitting at Portharcourt coram; Honourable Justice C. N. Wali pending the hearing and determination of this appeal.
6. An order of injunction restraining the Respondents, their servants and or agents from giving effect to, implementing or enforcing whatsoever manner the decision of the Rivers State High Court contained in the ruling delivered on 10th May, 2024 in suit no: PHC/1512/CS/2024 between Rt. Hon. Victor Oko Jumbo and Ors. Vs. Hon. Martin Chike Amaewhule and Ors. By the Rivers State High Court sitting at Portharcourt coram; Honourable Justice C. N. Wali pending the hearing and determination of this appeal.
7. An order staying further proceedings in suit no: PHC/1512/CS/2024 between Rt. Hon. Victor Oko Jumbo and Ors. Vs. Hon. Martin Chike Amaewhule and Ors. By the Rivers State High Court sitting at Portharcourt coram; Honourable Justice C. N. Wali pending the hearing and determination of this appeal.
8. An order of injunction restraining the 1st, 2nd and 3rd respondents from parading or holding themselves out in any manner whatsoever as members of the Rivers State House of Assembly pending the hearing and determination of this appeal.
9. An order of injunction restraining the 1st respondent from parading or holding himself out as the speaker of the Rivers State House of Assembly pending the hearing and
determination of this appeal.
10. An order setting aside the purported meetings,
sittings, proceedings and or deliberations of the purported Rivers State House of Assembly purportedly presided over by the 1st Respondent with only the 2nd and 3rd Respondents in attendance as members.
11. An order setting aside all actions, steps, decisions and or resolutions of the purported Rivers State House of Assembly purportedly presided over by the 1st Respondent.
PRAYERS GRANTED BY THE COURT
* PRAYER1:
An order granting the Appellants leave to complete and transmit the record of appeal in this appeal.
* PRAYER 2:
An Order deeming the record of appeal compiled and transmitted by the appellants and filed in this appeal as the record of appeal in this appeal.
* PRAYER3:
An order accelerating the hearing of this appeal.
* PRAYER4:
An order abridging the time allowed by the rules of this honourable court for parties to file their briefs of argument in this appeal.
* PRAYER7:
An order staying further proceedings in suit no: PHC/1512/CS/2024 between Rt. Hon. Victor Oko Jumbo and Ors. Vs. Hon. Martin Chike Amaewhule and Ors. By the Rivers State High Court sitting at Portharcourt coram; Honourable Justice C. N. Wali pending the hearing and determination of this appeal.
The Court of Appeal did not grant PRAYERS 5,6,8-11. The Court of Appeal rather held that parties are to maintain THE PRESENT STATUS QUO pending the determination of the appeal before the court.
The Court specifically held thus:
“I have looked at the peculiar nature of the instant case, and do agree that guided by the decisions of Ediru vs. Tijjani (2024) 5NWLR (pt. 1931) 393 @ 416, and pursuant to the stipulations of Order 4 Rule 4, it is just that parties halt all hostilities until the determination of the Appeal before this court.
In consequence therefore, all parties are ordered to maintain the present status quo pending the determination of the appeal before the court. I have equally studied prayers 6, 8-11, prayed for by the Applicants.
A critical study of the prayers deals with the substance of the issues on appeal, and dealing or granting the same will be tantamount to determining the issues on appeal at this
interlocutory stage, which this court will decline to do.
The conclusion is that the application succeeds in part. Prayers 1,2,3,4 and 7 are granted, while all other prayers stand not granted.
I make no order as to costs.
As the Court Pleases!
Reported by:
Benson Idu, Esq