The Court of Appeal in Abuja has overturned the expulsion of Martin Amaewhule and 24 other lawmakers from the Rivers State House of Assembly. The court ruled that the Rivers State High Court lacked the jurisdiction to issue the expulsion order.
The Court of Appeal sitting in Abuja has nullified the expulsion of Martin Amaewhule and 24 other lawmakers from the Rivers State House of Assembly, a decision originally made by the Rivers State High Court. The three-member panel of the appellate court ruled that the lower court lacked the jurisdiction to issue the exparte order that led to their expulsion.
The appeal court’s decision was based on the argument that the Rivers State High Court did not have the authority to make such a ruling. According to the judgment, the exparte order was made without jurisdiction, rendering it null and void. The court emphasized that Section 272(3) of the Nigerian Constitution grants the Federal High Court the exclusive power to determine whether the seat of a House of Assembly member has become vacant.
“The Federal High Court has the exclusive jurisdiction to determine if the seats have become vacant,” the court stated. The express mention of the Federal High Court in Section 272(3) of the Constitution excludes state high courts from having jurisdiction over such matters.
The ruling has significant implications for the legislative framework and the interpretation of jurisdiction in the Nigerian legal system. It underscores the necessity for adherence to constitutional provisions regarding the powers and limitations of various courts.
This decision not only reinstates Martin Amaewhule and his colleagues but also sets a precedent for similar cases in the future. It highlights the importance of proper legal procedures and jurisdictional authority in the adjudication of legislative disputes.
As the political landscape in Rivers State adjusts to this development, the reinstated lawmakers are expected to resume their duties in the Rivers State House of Assembly. This ruling reinforces the judiciary’s role in upholding the rule of law and ensuring that constitutional mandates are followed.
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