A Court of Appeal sitting in Abuja has nullified the expulsion of Martin Amaewhule and 24 other lawmakers loyal to former Governor of Rivers State, Nyesom Wike.
TheNewsGuru.com (TNG) reports Amaewhule and the 24 lawmakers loyal to Wike, FCT Minister, were expelled from the Rivers State House of Assembly after they decamped from the People’s Democratic Party PDP (PDP).
The lawmakers, who won their elections on the platform of the PDP had on December 11, 2023, announced their defection to the APC. Subsequently, the Rivers Assembly led by the then Speaker, Hon. Edison Ehie, on December 13, declared their seats vacant owing to their defection.
After their defection from the PDP, the Rivers State High Court immediately granted an exparte order expelling the the pro-Wike lawmakers from the State House of Assembly.
However, a three-member panel of the Court of Appeal on Thursday held that the lower court lacked the jurisdiction to grant the exparte order.
In the appeal, marked: CA/PH/198/2024, the pro-Wike lawmakers urged the appellate court to stay the execution of the high court judgement.
They further prayed to the appellate court to invalidate all the legislative actions that have been taken by the Jumbo-led Rivers State House of Assembly.
A three-member panel of the appellate court led by Jimi Olukayode-Bada, held that the State High Court lacked the jurisdiction to entertain the suit, as such matters can only be heard and determined by a federal high court.
It therefore, invalidated all the restraining orders that were issued against them by the high court.
The appeal, which was filed by Amaewhule, factional speaker of the Rivers state house of assembly, and 24 others, sought to vacate the order of a high court in Port Harcourt that restrained them from parading themselves as lawmakers.
On May 30, Charles Wali, the high court judge, restrained the lawmakers in Amaewhule’s faction from conducting legislative sittings anywhere, including within the legislative quarters.
The judge also restrained Siminalayi Fubara, governor of Rivers, from interfacing with or accepting resolutions and bills from the 25 lawmakers.
The suit was filed by Victor Oko Jumbo, a factional speaker, and two other lawmakers , Sokari Goodboy and Orubienimigha Adolphus Timothy. The three legislators are loyal to Fubara.
The court also held that all of the laws made by Amaewhule and others would amount to a nullity until the matter was determined.
The appellants had asked the appeal court to dismiss the judgment of the lower court and nullify the decisions taken by Jumbo’s faction.
The court held that Section 272(3) of the Constitution gives the Federal High Court powers to determine whether the seat of a House of Assembly member has become vacant.
It held that the Federal High Court has the exclusive jurisdiction to determine if the seats have become vacant.
According to the court, the express mention of the Federal High Court in Section 272 (3) of the Constitution automatically excludes all state high courts from having the jurisdiction.
The appellate court held that the exparte order having been made without jurisdiction is null and void.