July 04, (THEWILL) – The Abuja Division of the Court of Appeal has declared “null and void”, an order of the Rivers State High Court restraining 25 defected Rivers Assembly lawmakers, led by Martin Amaewhule, from sitting and parading themselves as members of the Assembly.
THEWILL recalls that Justice Charles N. Wali, Presiding Judge of the Rivers State High Court, on May 10 and 30th, granted the interlocutory order restraining the 25 lawmakers from the State House of Assembly.
Speaker, Victor Oko-Jumbo and two others including Sokari Goodboy and Orubienimigha Timothy, in a suit filed through their lawyers, B.N. Owunabo, Esq., K. O. Ogunjobi, Esq, B. S. Orupabo, Esq, 0. J. Ifejika, Esq. and T. Aprioku, Esq., argued that Amaewhule and 24 other defected lawmakers ceased to be members of the Rivers State House of Assembly on December 13 when their seats were declared vacant.
The 25 lawmakers announced their defection to the All Progressives Congress (APC) on December 11, 2023. Subsequently, the Rivers Assembly, led by former Speaker, Edison Ehie, on December 13, declared their seats vacant following their defection.
But in an appeal No.CAs/PH/198/2024, filed by the 25 Lawmakers against Oko-Jumbo and five others, the appellants are seeking to set aside the order of the lower Court for want of jurisdiction.
Faulting the jurisdiction of the lower court, the appellants prayed the appellate court to stay the execution of the interlocutory injunction restraining them as lawmakers of the Rivers Assembly and also set aside whatever decisions Oko-Jumbo has taken while in office as Speaker.
Ruling on Thursday, a three-man panel of the appellate court, led by Justice Jimi Olukayode-Bada, held that the trial court lacked the jurisdiction to hear the suit filed by Oko-Jumbo and others.
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 express mention of the Federal High Court in Section 272 (3) of the Constitution automatically excludes all state high courts from having the jurisdiction.
“Consequent upon the foregoing, the order of the trial court having been made without Jurisdiction is of no effect and is hereby declared null and void”, a unanimous judgement by Justice Bada, Justice Hamma Akawu Barka, and Justice Balikisu Bello Aliyu, declared.
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