The court presided over by Justice V D. Agishi held that it would not be right for it to accede to the request because of the peculiarity of the case.
The court consequently ordered that the defendants be put on notice ahead of the mention of the case on February 26. It directed that all parties be served through substituted means with the originating processes and all other processes.
The court also refused to grant the prayers of the PDP asking the Assembly and the Speaker not to recognise the Certificates of Return issued to the APC lawmakers by the Independent National Electoral Commission (INEC).
The PDP had filed a motion ex parte praying to the court to grant an order restraining the Speaker from giving effect to the Appeal Court judgment which sacked its eight lawmakers.
The Speaker, Gabriel Kudangbena, had on Monday said there was an interim injuction restraining him from recognising the APC members.
Although the APC candidates did not turn up during the first session of the Assembly after the Yuletide, the eight PDP members sacked by the appeal court who did were denied access.
Kudangbena said: “At present, there are 32 members laying claim to the seats.
“Since the 32 that have their certificates of return and are laying claim to their mandates, it would be unlawful to admit them into the chambers.
“For now, only eight members will be sitting. I have a court injunction restraining the House from inaugurating the 16 APC members.”
