Defection: Adamawa court bars INEC from conducting election in Michika
Defection: Adamawa court bars INEC from conducting election in Michika

An Adamawa State High Court presided by the state Chief Judge, Justice Nathan Musa, has restrained the Independent National Electoral Commission from conducting elections for Michika constituency.

The defection of a Peoples Democratic Party lawmaker, Ayuba Kwada, to the All Progressives Congress had caused a row in the state House of Assembbly.

Following Kwada’s defection, the Speaker of the Adamawa State Assembly, Aminu Iya-Abass, declared the lawmaker’s seat vacant.

However, the order by Justice Musa granted an interim injunction and restrained the state accountant general from stopping the salary of the embattled lawmaker pending the hearing and final determination of the suit.

Kwada, popularly known as ‘Depolis’, had in the suit, marked HC/ADSY/73/2022, prayed the court to maintain status quo ante before the illegal declaration of his seat vacant, pending the interpretation of section 109 subsection (1g) of the 1999 Constitution and hearing of the motion on notice.

The state chief judge, in his preliminary ruling on Thursday after the mention of the suit, granted an interim injunction restraining INEC from carrying out any action which could lead to the conduct of polls into Michika constituency of Adamawa State.

Justice Nathan Musa further ruled that the court could not be able to determine the illegality of declaring the seat of Depolis vacant at this stage as prayed.

He adjourned the matter to May 16, 2022, for the hearing of the originating process.

The suit marked HC/ADSY/73/2022, listed Ayuba Kwada as Plaintiff, while the Speaker, Adamawa State House of Assembly, the Commissioner of Finance, Accountant General of the State, PDP and INEC are listed as 1st to 6th defendants.

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