BY Ikechukwu Nnochiri
ABUJA— The Abuja Division of the Appeal Court, yesterday, dismissed an appeal that sought to halt judgment on a suit challenging the action of the House of Represen-tatives in taking over and performing the functions of Rivers State House of Assembly in July.
A chieftain of Peoples Democratic Party, PDP, in the state, Ambassador Dan Harry, had, in the wake of the free-for-all that led to the closure of the Rivers State House of Assembly, approached the Federal High Court in Abuja, and prayed it to “declare that the House of Represen-tatives cannot take over the functions of Rivers State House of Assembly without the occurrence of the conditions set out in Sections 11(4), (5) of the Constitution of the Fe-deral Republic of Nigeria 1999 and complying strictly with same.”
Aside the House of Representatives, others cited as defendants in the suit were the Speaker, Deputy Speaker and the Attorney-General of the Federation.
The plaintiff equally urged the court to declare as unlawful, illegal and void, the taking over of the functions of the state House of Assembly by the House of Representatives, following its resolution of July 10.
However, shortly after the court concluded hearing on the matter and adjourned for judgment, the defendants went on appeal and contended that the High Court erred in procedure when it consolidated all the preliminary objections and heard them alongside the substantive suit.
They urged the appellate court to order the lower court to suspend its judgment and hear the main suit afresh.
But in a ruling by Justice Abubakar Yahaya, the appellate court, yesterday, dismissed the appeal and gave the high court the nod to proceed with its judgment
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