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.
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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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