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Appeal Court nullifies expulsion of Amaewhule, 24 pro-Wike lawmakers

Screenshot 2023 10 30 at 9.39.54 AM

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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.

NaijaOnPoint.com.ng (NOP) 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).

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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.

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.

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