The state High Court, presided over by the state Chief Judge, Justice Nathan Musa, in Adamawa has restrained the Independent National Electoral Commission from conducting elections for Michika constituency, due to the defection of Ayuba Kwada, from PDP to the APC in the state House of Assembly.
The Speaker of the Adamawa State Assembly, Aminu Iya-Abass, upon Kwada defection, declared the lawmaker’s seat vacant.
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, and also restrained the state accountant general from stopping the salary of the plaintiff until final verdict is passed.
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.
