The Speaker of the Rivers State House of Assembly, Mr. Otelemaba Amachree,  and the House have sent a letter to the Inspector General of the Police, Mr. Mohammed Abubakar, asking him to take judicial notice of an appeal challenging the ruling of an Abuja Federal High Court, which stopped the National Assembly from legislating for the House.

In the letter, dated December 12, and signed by the lawyer to the Speaker and the House of Assembly, Mr. Ahmed Raji (SAN) the police boss was asked to note that a Motion had been filed to challenge the judgment.

Because of this, the police was called upon not to give backing to the implementation of the judgment of the lower court until the appeal court hears the motion.

The letter reads in part, “ Re:Suit No. FHC/ABJ/CS/500/2013. Barr Tamunoteim Asobari&Anor V.The Senate of the Federal Republic of Nigeria and 8 others

“We are glad to learn that your officers in Rivers State prevented some members of the Rivers  State House of Assembly from sitting in the Parliament today(12/12/13) on the ground that a copy of the judgement has not been presented to the police.

“It thus mean that the judgment of the court has not been executed in any way. Meanwhile, shortly after the judgment, we filed an appeal along with a Motion for Stay of Execution and Injunction.

“We caused the two processes to be served on your office yesterday vide our letter dated 11 December, 2013.”

The lawyer said that the implication of the two processes was that effect could not be given to the judgment delivered until the Motion filed by the appellants were disposed of.

He quoted the words of a former judge of the Supreme Court, late Justice Kayode Eso in the case of Governor of Lagos State v. Ojukwu (1986) to bourses his point.

The judge said, “They have no right to take the matter into their own hands once the Court was seized of it. The essence of the Rule of Law is that it should never operate under the Rule of force or fear.”

The senior advocate said that with the “court seized of the motion for stay and injunctions, the status quo is to be maintained pending the disposal of the motion.”