[Just In] Rivers: Court Nullifies Order Barring Amaewhuele, 24 Others From Parading As Lawmakers

The Court of Appeal, on Thursday, squashed an order barring Martin Amaewhule and 24 others from parading themselves as lawmakers and members of the Rivers State House of Assembly.

Naijaonpoint recalled that a Rivers State High Court sitting in Port Harcourt, on the 10th of May, 2024, had barred the Speaker of the state Assembly loyal to the Minister of the Federal Capital Territory, Nyesom Wike, and 24 others from parading themselves as lawmakers.

Justice Charles N. Wali gave this order in a case in suit number PHC/1512/CS/2024, filled by Victor Oko Jumbo (Speaker, Rivers State House of Assembly) Sokari Goodboy, Orubienimigha Timothy, members of the Assembly.

However, on Thursday, a three-member panel of the appellate court 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.