The Court of Appeal, sitting in Abuja has nullified the expulsion of factional speaker, Martin Amaewhule and 24 others from the Rivers State House of Assembly by the Rivers State High Court.

A three-member panel of the appellate court led by 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 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 Federal High Court has the exclusive jurisdiction to determine if the seats have become vacant.

According to the court, 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.

The appellate court held that the exparte order having been made without jurisdiction is null and void.

The appeal was filed the 25 Pro-Wike lawmakers, led by factional speaker of the Rivers state house of assembly, Martin Amaewhule and 24 others, seeking to vacate the order of a high court in Port Harcourt that restrained them from parading themselves as lawmakers.

It will be recalled that on May 30, 2024, Justice Charles Wali, of the Rivers State High Court, restrained the lawmakers in Amaewhule’s faction from conducting legislative sittings anywhere, including within the legislative quarters.

The judge also restrained Siminalayi Fubara, governor of Rivers, from interfacing with or accepting resolutions and bills from the 25 lawmakers.

The suit was filed by the Speaker of the Rivers State House of Assembly, Rt. Hon Victor Oko Jumbo, and two other lawmakers Sokari Goodboy and Orubienimigha Adolphus Timothy, who are loyal to Governor Fubara.

The court also held that all of the laws made by Amaewhule and others would amount to a nullity until the matter was determined.