The Court of Appeal, Abuja, has nullified the expulsion of a former speaker of the Rivers House of Assembly, Martin Amaewhule, and 24 others from the assembly.
A State High Court in Port Harcourt, in May, barred the lawmakers from parading themselves as members of the state’s House of Assembly after the defected from the PDP to the APC.
The embattled lawmakers are backed by the immediate-past governor of the state, Nyesom Wike. Mr Wike, now FCT minister, is engaged in a protracted political battle with Governor Siminalayi Fubara over the control of the political structure in the oil-rich state.
Three lawmakers loyal to Mr Fubara have been running the affairs of the state assembly since the court barred others from parading themselves as lawmakers.
Reinstatement
Delivering judgment on Thursday, a three-member panel of the Court of Appeal held that the lower court lacked the jurisdiction to grant the exparte order, Channels TV reported.
The appeal court held that Section 272(3) of the 1999 Constitution as amended 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 the vacancy of a House of Assembly seat.
Nigerians need credible journalism. Help us report it.
PREMIUM TIMES delivers fact-based journalism for Nigerians, by Nigerians — and our community of supporters, the readers who donate, make our work possible. Help us bring you and millions of others in-depth, meticulously researched news and information.
It’s essential to acknowledge that news production incurs expenses, and we take pride in never placing our stories behind a prohibitive paywall.
Will you support our newsroom with a modest donation to help maintain our commitment to free, accessible news?
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 court held.
It ruled that the exparte order having been made without jurisdiction is null and void.
Support PREMIUM TIMES' journalism of integrity and credibility
At Premium Times, we firmly believe in the importance of high-quality journalism. Recognizing that not everyone can afford costly news subscriptions, we are dedicated to delivering meticulously researched, fact-checked news that remains freely accessible to all.
Whether you turn to Premium Times for daily updates, in-depth investigations into pressing national issues, or entertaining trending stories, we value your readership.
It’s essential to acknowledge that news production incurs expenses, and we take pride in never placing our stories behind a prohibitive paywall.
Would you consider supporting us with a modest contribution on a monthly basis to help maintain our commitment to free, accessible news?
TEXT AD: Call Willie - +2348098788999