P.H court sustains restraining order on Obaseki, transfers case on compulsory covid vaccination to Federal High Court, Benin

The Vacation Federal High Court sitting in Port Harcourt, Rivers State, on Friday, sustained the order restraining Governor Godwin Obaseki of Edo State from imposing compulsory coronavirus vaccination of residents of Edo State. The court, however, transferred the case file in Suit. No. FHC/PH/FHR/266/21 between Charles Osaretin Vs. Edo State Government & 5 others to the Federal High Court, Benin City for further hearing.

The Vacation Federal High Court sitting in Port Harcourt had on August 31, 2021, granted a restraining Order the Edo State government, Governor Obaseki and other respondents from enforcing the compulsory vaccination directive given by the Governor Obaseki, insisting that all parties maintain the status quo, pending the final determination of the substantive application for the Enforcement of the Applicant’s fundamental rights which Orders are still valid and subsisting.

The Federal High Court in Port Harcourt had adjourned the case to Friday,17th of September, 2021 for the hearing of all applications.

At the resumed hearing on Friday, the 3rd and 4th Respondents had served their processes for the first time on the Applicant while in Court. The 2nd Respondent also served the Applicant with a Further Affidavit in support of their earlier Notice of Preliminary objection.

The Applicant through his Counsel, Echezona Etiaba SAN, requested for a stand down for 2 hours 30 minutes to enable him respond to the new processes served by the 2nd , 3rd and 4th Respondents, arguing that the action of the Respondents in bringing fresh processes in the proceedings when the Court adjourned for hearing of all application was a calculated attempt at frustrating proceedings. The Court was not minded granting the application for reason only that the other parties are entitled to a response within reasonable time, to any process filed by the applicant.

The Court, thereafter, ordered that the case be, and is hereby transferred to the Benin division of the Federal High Court since the vacation court in Port Harcourt will cease to have jurisdiction to continue with the proceedings beyond the vacation period which ends this Friday, 17th September, 2021.

The lead counsel to the Applicant, Echezona Etiaba, SAN, was accompanied by other lawyers in the team who include N.N. Obinwa, Esq., Deacon Okhuihie John, Esq., I. E. Oni, R. C. Keneboh, Esq. and F. E. Obiosio, Esq.

A renowned legal practitioner and human rights lawyer, Femi Falana SAN, stood in for the 1st Respondent; Ken E. Mozia, SAN, stood in for the Respondent; Oluwole O. Iyamu, SAN, appeared for the 6th Respondent and Polycarp Odion, Esq. for the 3rd and 4th Respondents.

Meanwhile, Governor Obaseki and the Edo State government had defied the existing court order, and proceeded with the enforcement of the compulsory coronavirus vaccine and restrained workers yet to eb vaccinated from entering their offices.