SaharaReporters on Thursday reported how the Court of Appeal nullified the expulsion of the 25 lawmakers who are loyalists of former Governor Wike, who is the current Minister of the Federal Capital Territory.
A factional Speaker of the Rivers State House of Assembly, Hon. Victor Oko Jumbo has maintained that the ruling of the Court of Appeal did not reinstate Martin Amaewhule and 24 other lawmakers loyal to former Governor Nyesom Wike.
SaharaReporters on Thursday reported how the Court of Appeal nullified the expulsion of the 25 lawmakers who are loyalists of former Governor Wike, who is the current Minister of the Federal Capital Territory.
The appellate court's decision overturned an earlier ruling by the Rivers State High Court, which had ordered the expulsion of the lawmakers following their defection from the Peoples Democratic Party to the All Progressives Congress.
The court ruled that Section 272(3) of the Constitution grants the Federal High Court the authority to decide if a House of Assembly member's seat has become vacant.
It ruled that the Federal High Court has exclusive jurisdiction to determine if the seats have become vacant.
The court stated that Section 272 (3) of the Constitution specifically mentions the Federal High Court, thereby excluding all state high courts from having jurisdiction.
The appellate court ruled that the ex parte order, made without jurisdiction, is null and void.
Reacting to this appellate court’s decision, the pro-Governor Siminalayi Fubara-Speaker, Victor Oko-Jumbo said it’s wrong and undemocratic for the state to have two different sets of lawmakers.
He added that the Court of Appeal was wrong for holding that the State High Court lacked jurisdiction to declare the pro-Wike lawmakers’ seats vacant for defecting to another party.
He said, “That the declaration by Rt. Hon Edison Ehie has not been set aside by any Court in Nigeria.
“When Martin Amaewhule and the 24 others in spite of their defection from the Peoples Democratic Party to the APC and their seats being declared vacant, continued to parade as members of the RSHA, the legitimate members of RSHA filed suit no PHC/1512/CS/2024 against Martin Amaewhule & 24 others in the High Court of Rivers State, where the Court made orders restraining Martin Amaewhule & 24 ORS.
“Dissatisfied with the rulings of the Rivers State High Court in suit No PHC/ 1512/CS/2024, Martins Amaewhule & 24 ORS filed Appeal No. CA/PH/198/2024 at the Court of Appeal, Port Harcourt Division.
“Yesterday, the 4th of July, 2024, the Court of Appeal in its lead Judgement allowed the Appeal by Martin Amaewhule & 24 ORS on the ground that the Rivers State High Court lacked the Jurisdiction to hear and determine the case. Accordingly, the Court of Appeal struck out suit No. PHC/1512/CS/2024 and nothing more.
“The Court of Appeal did not make any declaration that Martin Amaewhule & 24 ORS did not defect from the PDP to APC.
“The Court of Appeal also did not make any declaration that Martin Amaewhule and 24 ORS are still members of the RSHA.
“We strongly believe that the Court of Appeal was in error when it held that the Rivers State High Court lacked the Jurisdiction to hear and determine SUIT NO PHC/1512/CS/2024. Accordingly, we have instructed our lawyers and they have filed an appeal to the Supreme Court of Nigeria challenging the Judgement of the Court of Appeal delivered on the 4th Day of July, 2024.
“There cannot be two Houses of Assembly in Rivers State or Indeed any state in Nigeria. This House of Assembly with me as the Speaker is the only House of Assembly in Rivers State.
“Martin Amaewhule & 24 ORS in spite of all their pretences are no longer members of the Rivers State House of Assembly and they remain so until a Court of Competent Jurisdiction says otherwise.
“Once again, we the legitimate members of the RSHA hereby call on the Independent National Electoral Commission to promptly conduct a bye-election to fill the vacant seats in the RSHA.
“We strongly urge the general public to ignore Martin Amaewhule & 24 ORS in their pretence that they are members of the Rivers State House of Assembly.”