By Peter Duru
Makurdi—A Makurdi High Court presided over by the Chief Judge of Benue State, Justice Aondover Kaka’an, yesterday, vacated the interim order restraining the Speaker of the Benue State House of Assembly, Titus Uba, and 21 other lawmakers from holding sittings at the Assembly complex.
Justice Kaka’an vacated the order while ruling on a motion on notice brought before his court by counsel to the Speaker, led by Mr. Sebastine Hon and Edward Ashiekaa, who prayed the court to set aside its earlier interim order of August 13.
The said interim order was issued by Justice Thereza Igoche after being approached by Mr. Mike Usman on behalf of the former Speaker of the Assembly, Terkimbi Ikyange, and seven others.
Justice Kaka’an stated that “the judiciary cannot restrain the Benue State House of Assembly from performing its legislative functions.
“The role of the judiciary is not to overheat the polity with orders capable of destabilising same.”
The Chief Judge, who described the argument against his order by counsel to the former Speaker and seven others, Mr. Sunday Okpale, as an academic exercise, transferred the substantive case to Justice Augustine Ityonyiman for commencement of hearing on November 26.