An Ondo High Court has stopped Speaker Oloyelegun Bamidele from declaring vacant the seat of the lawmaker representing Eseodo constituency, Hon Success Torhukerhijo.
Speaker Oloyelegun last month declared the seat of Torhukerhijo vacant over alleged anti-party activities.
Torhukerhijo was alleged to have defected to the People’s Democratic Party (PDP) where he contested the primary for House of Representatives without informing the Assembly of his defection.
Torhukerhijo, in his suit, asked the court to declare that alleged the anti-party activities levelled against him was not a valid ground for the declaration of the seat of a member of a House of Assembly vacant under Section 109 (g) of the 1999 Constitution.
He argued that the purported declaration of his seat vacant was unconstitutional, unlawful, null and void and of no effect whatsoever.
Torhukerhijo said the declaration of his seat vacant at the instance of APC without giving him the benefit of fair hearing was null and void and of no effect whatsoever.
He, therefore, sought for an order reversing and setting aside the purported declaration of his seat vacant.
Presiding Justice, Alero Akeredolu, in his ruling on the motion exparte, barred Speaker Oleyeloogun and the Ondo APC Progressives Congress (APC) from doing anything that would jeopardise the outcome of the case pending before the court.
Justice Akeredolu said it would be in the interest of justice to preserve the subject matter of the suit.
Akeredolu granted an order halting anything step that has to do with the declaration of the seat vacant.