Wike VS LG Chairmen: Court fails to grant Order, asks parties to maintain status quo

Yesterday, a Federal High Court sitting in Port Harcourt adjourned hearing to Wednesday June 24, 2015 on a matter of an application for an Order of Interlocutory Injunction to restrain the Governor of Rivers State from dissolution of the duly elected 22 local government councils of Rivers State.

Justice Hassan Quadiri could not rule on the substantive application or an oral application made by the Plaintiffs but opposed by the Solicitor-General and Permanent Secretary, Ministry of Justice, Rivers State who appeared for the Governor of Rivers State [1st Defendant/Respondent] and Attorney-General of Rivers State [2nd Defendant/Respondent] since the Rivers State House of Assembly [3rd Defendant/Respondent] was not represented by Counsels in court. The court however advised Counsel to the parties to advise their respective clients not to tamper with the Res even though it failed to grant an Order of injunction per se.

It would be recalled that Chinwe Aguma, Esq, Counsel to the 3rd Defendant/Respondent] who announced appearance for same at the hearing of the Ex-parte application of the Council Chairmen was appointed and sworn in as the Hon. Attorney-General & Commissioner for Justice, Rivers State last Friday. Thus, Aguma has come under legal disability under the Rules of Professional Conduct to represent the State Assembly in the matter.

The other reason His Lordship declined to proceed with the application by the Council Chairmen is the submission of the learned Solicitor-General that there is no evidence of service on the 1st Defendant [the Governor]. R.N. Godwins, Esq made a point of the Governor not being an employee of a Ministry or extra-ministerial department of the Government of Rivers State and therefore service on the 2nd Defendant cannot be said to be on the Governor.

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