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Akinwande Soji-Ojo
The Court of Appeal sitting in Abuja has overturned the expulsion of Martin Amaewhule and 24 others from the Rivers State House of Assembly, a decision previously mandated by the Rivers State High Court.
A three-member panel of the appellate court said that the Rivers State High Court had overstepped its jurisdiction in issuing the ex parte order against the lawmakers, who are loyal to FCT Minister, Nyesom Wike.
Citing Section 272(3) of the Nigerian Constitution, which designates the Federal High Court as the sole authority to decide on vacancies on the seats of House of Assembly members, the appellate court clarified that state high courts do not possess jurisdiction in such matters.
Consequently, the Court of Appeal declared the ex parte order null and void due to the absence of jurisdiction.
Recall that Amaewhule and 24 others filed the suit against the factional Speaker, Victor Oko-Jumbo, and five others.
The Appeal Court had on June 20 adjourned thand case after all the parties in the suit adopted their briefs.
During the court proceedings conducted virtually, Amaewhule and 24 others asked the court to stay the execution of a Rivers State High Court judgement which dclared their seats vacant and stop any further proceedings on the matter.
They also dey asked the court to set aside the decisions taken by Victor Oko Jumbo as the Speaker of the assembly.
In his defence, Oko Jumbo had prayed the court to dismiss the appeal, saying it lacked merit because the records of appeal were incompetent.
After listening to submission of the counsels, the three-man panel led by Justice Jimi Olukayode-Bada reserved judgment till Thursday, July 4.
In one of its ruling on June 14, the appellate court had ordered all parties in the suit to maintain status quo.
The court also ordered the Rivers State High Court or any other court not to entertain any suit on the matter until it has decided the case.
Rivers State High Court sitting in Port Harcourt had on May 10 ordered Amaewhule from parading himsef as the Speaker of state House of Assembly.
The court gave the order after considering a motion filed by the factioal Speaker of the House, Oko Jumbo, and two others.
Justice Charles Wali, also barred 24 other lawmakers from accessing the complex or carrying out any legislative assignment in the name of Rivers State House of Assembly.
Dissatisfied with the decision of the state high court, Amaewhule and the others approached the appellate court.
