The Court of Appeal in Abuja has nullified the expulsion of Martin Amaewhule and 24 other lawmakers from the Rivers State House of Assembly.
The appellate court’s decision overturns an earlier ruling by the Rivers State High Court, which had ordered the expulsion.
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.
The lawmakers loyal to the immediate former governor of the state and current Federal Capital Territory Minister, Nyesom Wike had defected from the Peoples Democratic Party to the All Progressives Congress amid a rift between Wike and Governor Siminalayi Fubara.
