A High Court sitting in Kogi State, has given an order
restraining the Kogi State House of Assembly from further debating
the report, on the allegation, giving directive to Honourable
Justice Nasiru Ajana to set up a committee to investigate
allegations of gross-misconduct against Deputy Governor of the
State, Elder Simon Achuba pending the determination of the Motion
on Notice for interlocutory injunction.
The order was given in Motion No: HCL/96m/2019, by Honourable
Justice A.N. Awulu, upon hearing the Motion Exparte dated the 19th
day of August, 2019 and brought pursuant to Order 11 Rules 1,2,4
and 5 of the Kogi State High Court (Civil Procedure) Rules 2006 and
Under the Inherent Power of the Court.
The grounds upon which the application was brought are that
there is a pending suit on the allegation leveled against the
Claimant; the 1st – 25th Defendant/Respondents are threatening to
continue with the deliberations on the allegations; the applicant
filed a Motion on Notice for interlocutory injunction; unless the
Respondents are restrained, they will act in a manner prejudicial
to the outcome of the suit and that a state of fait accompli will
be foisted upon the court when the matter is decided.
And after considering the submission of A.O. Philip Esq., the
Court ordered as follows that:
The Defendants/Respondents, particularly the 1st to 25th
Defendants/Respondents, its servant, agents, and assigns whatsoever
are hereby restrained from debating, further debating, considering
a report, on the allegation, giving directive to the 26th Defendant
to set up a committee to investigate allegations of gross
misconduct against the Claimant/Applicant pending the determination
of the Motion on Notice for interlocutory injunction;
The 26th Defendants, his servants, privies, agents and assigns
whatsoever are hereby restrained from setting up a committee to
investigate allegations of gross misconduct leveled against the
Claimant/Applicant pending the determination of interlocutory
injunction; and that the Defendant/Respondents, their servants,
privies, agents and assigns whatsoever are hereby restrained from
taking further steps in investigating the purported allegations
leveled against the Claimant/Applicant pending the determination of
the Motion on Notice for interlocutory injunction.
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