The coast is now clear for the final determination on whether the 25 Rivers state lawmakers that crossed from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) should continue to function as lawmakers following Thursday’s nullification of the expulsion of a former speaker of the Rivers State House of Assembly, Hon. Martin
The coast is now clear for the final determination on whether the 25 Rivers state lawmakers that crossed from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) should continue to function as lawmakers following Thursday’s nullification of the expulsion of a former speaker of the Rivers State House of Assembly, Hon. Martin Amaewhule, and 24 other lawmakers from the State House of Assembly.
The Hon. Victor Oko Jumbo faction that lost at the Court of Appeal may approach the nation’s apex court, the Supreme Court, to get the final judgment on whether the 25 Rivers state lawmakers should vacate their seats.
A three-member panel of the appellate court led by Justice Jimi Olukayode-Bada held that the trial court lacked the jurisdiction to entertain the suit, as such, matters can only be heard and determined before a Federal High court.
The appeal, which was filed by Hon. Amaewhule, factional speaker of the Rivers state house of assembly, and 24 others, sought to vacate the order of a high court in Port Harcourt that restrained them from parading themselves as lawmakers.
The Court of Appeal held that the lower court lacked the jurisdiction to grant the exparte order.
The Court also held that Section 272(3) of the 1999 Constitution as amended gives the Federal High Court powers to determine whether the seat of a House of Assembly member has become vacant.
Specifically, the Appeal Court held that the Federal High Court has the exclusive jurisdiction to determine the vacancy of a House of Assembly seat.
The court held: “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”.
It ruled that the exparte order having been made without jurisdiction is null and void.
While functioning as assembly members, the pro-Wike lawmakers passed several laws by overriding Governor Fubara’s veto.
In one of the bills, the lawmakers amended the Local Government Administration Law, stripped Governor Fubara of the power to appoint caretaker committees for the local government council, and extended the tenure of the elected council officials by six months.
On 30 May 2024, Justice Charles Wali, the high court judge, restrained the lawmakers in Hon. Amaewhule’s faction from conducting legislative sittings anywhere, including within the legislative quarters.
The judge also restrained Governor Siminalayi Fubara, governor of Rivers state, from interfacing with or accepting resolutions and bills from the 25 lawmakers.
But the appeal, which was filed by Hon. Amaewhule, factional speaker of the Rivers state house of assembly, and 24 others, sought to vacate the order of a high court in Port Harcourt that restrained them from parading themselves as lawmakers.
A Rivers State High Court in Port Harcourt, in May, barred the lawmakers from parading themselves as members of the state’s House of Assembly after they defected from the PDP to the APC.
The suit was filed by Hon. Victor Oko Jumbo, a factional speaker, and two other lawmakers — Sokari Goodboy and Orubienimigha Adolphus Timothy. The three legislators are loyal to Fubara.
The embattled lawmakers are backed by the immediate past governor of the state, Mr. Nyesom Wike. The former governor is now the Federal Capital Territory (FCT )minister and is engaged in a protracted political battle with Governor Siminalayi Fubara over the control of the political structure in the Rivers state.
Three lawmakers loyal to Governor Fubara have been running the affairs of the Rivers State assembly since the court barred their colleagues from parading themselves as lawmakers.
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