Factional Speaker of the Benue State House of Assembly Terkimbi Ikyange, and two principal officers, have lost their bids to vacate the court order restraining them from parading as leaders of the House.
A Makurdi High Court yesterday ruled that the order restraining Messrs Ikyange, James Okefe (former deputy Speaker) and Benjamin Adanyi (former Majority leader) would persist pending determination of the substantive matter.
Ikyange’s lawyers, led by Mamman Mike Osuman (SAN), made an oral application praying the court to vacate the interim order restraining the defendants from parading themselves as leaders of the House, issued on July 27.
He added that the order was supposed to last for seven days, so it should have elapsed on August 3, citing Order 39 Rule 3 (3) of the Rules of the Court.
Lawyer to the new Speaker, Titus Uba, argued that the order was specific, depending on the happening of an event, and until that event happens, it could not be vacated.
Justice Theresa Igoche held that the order restraining the defendants would subsist pending the hearing and determination of the motion on notice.
She said the inability to hear and determine the motion was not due to the fault of the applicant, maintaining that the order was still effective pending hearing and determination of the motion.
The case was adjourned till August 9 for hearing