The national legislature wants the Court of Appeal to reverse Wednesday’s judgement of a Federal High Court, Abuja, which declared the initial take-over unconstitutional. This is said to be a "calculated" move.
Accordingly, it has written a letter to the Inspector General of Police, Mohammed Abubakar, to stop all acts by anti-Amaechi lawmakers from gaining access to the Assembly to take any action against the governor.
The National Assembly letter was signed by its counsel, Ahmed Raji (SAN), against the backdrop of alleged plot to allow six anti-Amaechi lawmakers to sit and commence impeachment process against the governor.
It was gathered that the self-acclaimed Speaker of the State House of Assembly, Evans Bippi, early Friday met with the State Commissioner of Police, CP Mbu, on the planned sitting of the six legislators.
Bippi was said to have told the CP that he had secured the signatures of 27 lawmakers to convene a session of the House.
National Assembly's letter to the IGP reads: “We refer to our letter of yesterday (11/12/2013) in respect of the above matter.
“We are glad to learn that your officers in Rivers State prevented some members of the Rivers State House of Assembly from sitting in the parliament today(12/12/13) on the ground that a copy of the Judgment has not been presented to the police.
“It thus means that the judgement of the Court has not been executed in any way. Meanwhile, shortly after the judgment, we filed an appeal along with a motion for stay of execution and an injunction.
“We caused the two processes to be served on your office yesterday vide our letter dated 11th December, 2013
“The implication of the two processes is that effect cannot be given to the judgement delivered yesterday (11/12/13) until the motion filed by us is disposed of.
“We are fortified in holding this view by the immortal words of Eso JSC (of Blessed Memory) where, in the case of Governor of Lagos State v. Ojukwu (1986) 1NWLR Part 18 pg. 621 particularly at pg. 634, he said the following:
“They have no right to take the matter into their own hands once the Court was seized of it. The essence of the Rule of Law is that it should never operate under the Rule of force or fear…”
“With the Court seized of the Motion for Stay and Injunction, the status quo is to be maintained pending the disposal of the motion.
“We will be urging you to be guided accordingly and we also plead with you to give necessary instructions to that effect to your appropriate officers in Rivers State against the rumour that there is a plan to open the parliament for a faction by next Tuesday...."
“We are glad to learn that your officers in Rivers State prevented some members of the Rivers State House of Assembly from sitting in the parliament today(12/12/13) on the ground that a copy of the Judgment has not been presented to the police.
“It thus means that the judgement of the Court has not been executed in any way. Meanwhile, shortly after the judgment, we filed an appeal along with a motion for stay of execution and an injunction.
“We caused the two processes to be served on your office yesterday vide our letter dated 11th December, 2013
“The implication of the two processes is that effect cannot be given to the judgement delivered yesterday (11/12/13) until the motion filed by us is disposed of.
“We are fortified in holding this view by the immortal words of Eso JSC (of Blessed Memory) where, in the case of Governor of Lagos State v. Ojukwu (1986) 1NWLR Part 18 pg. 621 particularly at pg. 634, he said the following:
“They have no right to take the matter into their own hands once the Court was seized of it. The essence of the Rule of Law is that it should never operate under the Rule of force or fear…”
“With the Court seized of the Motion for Stay and Injunction, the status quo is to be maintained pending the disposal of the motion.
“We will be urging you to be guided accordingly and we also plead with you to give necessary instructions to that effect to your appropriate officers in Rivers State against the rumour that there is a plan to open the parliament for a faction by next Tuesday...."
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