High Court presided over by the Chief Judge of Benue State, Justice Aondover Kaka’an vacated the order while ruling on a motion brought to it by counsels to the speaker, Mr Sebastine Hon, SAN and Edward Ashiekaa, SAN, who had prayed the court to set aside its interim order of August 13th, 2018.
In his ruling, Justice Kaka’an stated that by law, the judicial arm of government could not restrain the Benue State House of Assembly from performing its legislative functions.
He stated that the role of the judiciary was not to overheat the polity with orders capable of destabilizing same, and maintained that the court should not encourage impunity in any way.
The Chief Judge described the argument against granting of the motion by counsel to the former Speaker, Terkimbi Ikyange and seven others, Mr Sunday Okpale as an academic exercise.
He ruled that the interim order of August 13, 2018 which restrained the use of the Assembly complex played on the intelligence of an earlier order and the entire legal system and was a dent on the image of the judiciary.
Justice Kaka’an maintained that injunctive orders were not at the beck and call of the court to be shared and that claimants must earn them.
He transferred the substantive case to High Court 9 presided over by Justice Augustine Ityonyiman for hearing and determination on November 26th, 2018.
Attorney General and Commissioner for Justice, Mr Micheal Gusa, in a reaction, stated that by virtue of the ruling, the Benue State House of Assembly under the leadership of Hon. Uba could resume the conduct of legislative business at the Assembly Complex.
He said the ruling upheld the principle of Separation of Powers in a democracy.
Recall that Justice Theresa Igoche who was ruling on the motion brought before her by Mike Osman, SAN, counsel to the impeached speaker, Terkibir Ikyange in August, this year had restrained the new speaker and other 21 members from the assembly complex.
