Anita Ogona
Appeal Court sitting in, Abuja has nullified the expulsion of Martin Amaewhule and 24 others from the Rivers State House of Assembly by the Rivers State High Court.
A three-member panel of the appellate court held that the lower court lacked the jurisdiction to grant the exparte order. says All activities executed by Hon.Oko Jumbo is null and void.
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. Second Presiding Justice ruled that All Appellants shall take over their respective positions.
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.
In the lead judgment, Justice Jimi Bada held that by granting the far reaching order, restraining the lawmakers from further acting as members of the Assembly without hearing from the appellants amounted to a denial of their right to a fair hearing.
Justice Bada held that no urgency warranted the grant of the ex-parte order by the Rivers State High Court.
Justice Bada said: “The trial court ought to have listened to both sides before coming to a decision prejudicial to the appellants.”
The judgment was on the appeal marked: CA/PH/198/2024 filed by Martin Chike Amaewhule and 24 others, with Victor Oko Jumbo (Speaker, Rivers State House of Assembly) as respondent.
Other members of the Court of Appeal panel, Justice Hamma Barka and Bilikisu Aliyu agreed with the lead judgment.
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