Abuja, Nigeria – The Court of Appeal in Abuja has nullified the expulsion of Martin Amaewhule and 24 other lawmakers from the Rivers State House of Assembly. This decision overturns an earlier ruling by the Rivers State High Court, which had ordered their expulsion.
Key Points of the Ruling:
- Jurisdictional Authority: The appellate court ruled that, under Section 272(3) of the Constitution, the Federal High Court has the exclusive authority to determine whether a House of Assembly member’s seat has become vacant.
- Invalidation of Ex Parte Order: The court declared the ex parte order, issued without proper jurisdiction, as null and void.
- Defection and Political Rift: The expelled lawmakers, loyal to the immediate former governor and current Federal Capital Territory Minister, Nyesom Wike, had defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) amid a conflict between Wike and the current Rivers State Governor, Siminalayi Fubara.
The Court of Appeal emphasized that the Federal High Court alone has the jurisdiction to address the issue of vacant seats in the House of Assembly, thereby excluding state high courts from such matters.
This ruling marks a significant legal victory for the lawmakers involved and underscores the constitutional boundaries regarding jurisdiction in cases of legislative seat vacancies. The political dynamics within the Rivers State House of Assembly continue to be influenced by the ongoing rift between prominent political figures in the state.