Following the declaration of the seat of the Member representing Michika constituency, Hon. Joseph Ayuba Kwada by the Speaker of the Assembly, Rt. Hon. Aminu Iya Abbas last week vacant for his defection from PDP to APC, the member has headed to court to seek justice.
Hon. Kwada in a suit number HC/ADSY/73/2022, had joined the State Assembly, its Speaker, Commissioner Ministry of Finance, Accountant-General of the State, PDP, and INEC as 1,2,3,4,5 and 6th defendants.
He prayed the court to direct parties to maintain the status quo pending the interpretation of section 109 of the Constitution of the Federal Republic of Nigeria 1999(as amended) and hearing of the motion on notice.
Presiding judge who is also the Chief Judge of the state, Hon. Justice Nathan Musa ruled that the court cannot be able to determine the illegality of declaring the seat of Hon. Kwada vacant at this stage as prayed.
The Chief Judge, therefore, granted an interim injunction restraining the Independent National Electoral Commission (INEC), from conducting an election in the Michika constituency of the State House of Assembly.
The court also restrained the Accountant-General of the State from stopping the salary, benefit, and other privileges of Hon. Joseph Ayuba Kwada alias Depolis pending the hearing and final determination of the motion on notice.
The case was adjourned to the 16th of May 2022, for a hearing of the originating process.
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