In a pivotal development, the Court of Appeal in Port Harcourt, during a virtual hearing conducted via Zoom, delivered its ruling on two motions filed by Martins Amaewhule and other defected lawmakers.
The motions contested an injunction granted by the Rivers State High Court, which restrained them from acting as lawmakers.
In its ruling on the first motion, the Court of Appeal granted the appellants’ requests. This included permission to compile and transmit the records of the appeal, the acceptance of the appellants’ brief of argument as filed, an accelerated hearing, and a stay of further proceedings at the High Court.
However, the court refused to grant the stay of execution and the setting aside of the interim order of the lower court, citing the presumption of correctness of a court order.
The court noted that granting such a stay would effectively determine the appeal prematurely.
Consequently, the court ordered that the current status quo be maintained until the appeal is heard.
Regarding the second motion, which sought to set aside the interlocutory injunction from the lower court, the Court of Appeal similarly denied the request. The court reiterated the necessity of maintaining the present status quo pending the hearing of the appeal.
The respondents have been directed to file their briefs within 72 hours of being served.
The case has been adjourned to June 20, 2024, for the hearing of the appeal.