The removal from office of an Adamawa State lawmaker last week has taken a legal dimension.
The Adamawa State High Court on Thursday granted an interim injunction restraining the Independent National Electoral Commission (INEC) from conducting an election for Michika constituency of the State House of Assembly.
The court presided over by Justice Nathan Musa, restrained INEC from conducting an election following the declaration of the seat of the member of Michika constituency, Joseph Ayuba Kwada, vacant by the Adamawa State House of Assembly.
Equally, the court which sat in Yola restrained the Accountant General of the State from stopping the salary, benefits and other privileges of Ayuba Kwada pending the determination of the motion on notice.
Justice Nathan Musa who is the chief judge of the state, ruled, however, that the court cannot determine the illegality of declaring the seat of Kwada vacant at this stage as prayed.
The Adamawa State House of Assembly had last week, April 27, removed Kwada, declaring his seat vacant.
This had followed Kwada’s defection from the Peoples Democratic Party (PDP) under which he was elected to the All Progressives Congress (APC).
Kwada had responded by filing a suit, praying the court to direct parties to return to the status quo.
Kwada asked the court to let the situation remain as it was before the seat of the plaintiff/applicant was ‘illegally’ declared vacant pending the interpretation of section 109 of Nigeria’s Constitution.
Kwada in the suit number HC/ADSY/73/2022, joined the State Assembly, its Speaker, Commissioner Ministry of Finance, AG of the State, PDP and INEC as 1st to 6th defendants and sought four orders of the court.
After delivering his ruling stopping any by-election that may be conducted to fill Kwada’s seat and stopping any attempt to withhold Kwada’s entitlements, the court adjourned the matter to May 16, 2022, for hearing of the originating process.
