The court, in an interim injunction, restrained INEC from conducting an election to find someone to occupy the vacant seat as directed by the Speaker of the State Assembly, Aminu Iya-Abbas, following the declaration of Kwada's seat as vacant.
A High Court presided by the Chief Judge of Adamawa State, Justice Nathan Musa, has restrained the Independent National Electoral Commission (INEC), from conducting an election for the vacant seat of the member representing Michika constituency at the State House of Assembly, Ayuba Kwada.
The court, in an interim injunction, restrained INEC from conducting an election to find someone to occupy the vacant seat as directed by the Speaker of the State Assembly, Aminu Iya-Abbas, following the declaration of Kwada's seat as vacant.
SaharaReporters on April 27, 2022, reported that Kwada had been sacked.
Kwada's seat was declared vacant by the Speaker of the Assembly, Aminu Iya-Abbas on Wednesday, following the lawmaker’s defection to the All Progressives Congress (APC).
Ruling on motion ex parte on Thursday, Justice Musa also restrained the Accountant General of the State from stopping the salary, benefits and other privileges of the lawmaker pending the hearing and final determination of the motion on notice.
The plaintiff, Kwada, had prayed the court to direct the various parties to maintain status quo before his seat was declared vacant pending the interpretation of section 109 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
In a suit number HC/ADSY/73/2022, Kwada had joined the State Assembly, the Speaker, Commissioner of Finance, Attorney General of the state, the Peoples Democratic Party (PDP) and INEC as 1st to 6th defendants and sought four reliefs from the court.
The Chief Judge thereafter adjourned the matter to May 16, 2022, for the hearing of the originating process.