A Federal High Court sitting in Abuja on Friday dismissed an interlocutory application brought by the six suspended members of the House of Representatives led by Honourable Dino Melaye.

The suspended members had earlier, through their counsel, Femi Falana, brought an interlocutory application restraining the Speaker of the House of Representatives, Honourable Dimeji Bankole, from further preventing them from coming to the House to perform their legislative duties, stating that the House did not have any legal right to stop them from doing so.

In their joint motion argued by Falana, the  lawmakers insisted that they were elected for the tenure of four years and that neither the Speaker nor anybody had any right to cut the tenure short for any reason.

They claimed that their suspension had denied their respective constituencies’ representation in the lower chamber of the National Assembly and urged the court to set aside the suspension slammed on them on June 22, 2010, pending the final determination of their main suit.

While dismissing the application, the trial judge, Justice Adamu Bello, noted that the act of suspension of the honourables had already been completed and, as such, the court could not stop an act that had been completed, stating that “the court does not have the power to stop an action that has been concluded.”

Justice Bello also pointed out that the defendants in the suit raised a preliminary objection as to the jurisdiction of the court to hear the matter, and until the issue of jurisdiction was resolved, the court could make a binding order.

The trial judge further noted that if the application was granted, it would amount to adjudicating on the substantive issue and such could not be determined at the interlocutory stage, adding that “the main issue here is that of the suspension, and if it is determined now, then there will be nothing to adjudicate upon when the substantive matter is heard.”

The six lawmakers are Dino Melaye, Independence Ogunewe, Solomon Ahiwinahwi, Bitrus Kazeh, Abba Anas Adamu and Austin Nwachukwu.

The court later adjourned