A three-member panel of the Court of Appeal, Abuja, led by Justice Jimi Olukayode-Bada has voided the expulsion of a former factional speaker of the Rivers House of Assembly, Mr Martin Amaewhule, and 24 other lawmakers from the assembly.

The appeal, which was filed by Amaewhule and 24 others, sought to vacate the order of a high court in Port Harcourt that restrained them from parading themselves as lawmakers.

Recall that May 30, Justice Charles Wali of the Rivers State High Court, had barred the lawmakers in Amaewhule’s faction from conducting legislative sittings anywhere, including within the legislative quarters.

The order followed their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

The judge also restrained Fubara from interfacing with or accepting resolutions and bills from the 25 lawmakers.

The suit was filed by a factional speaker, Mr Victor Oko-Jumbo and two other pro-Fubara lawmakers, Messrs Sokari Goodboy and Orubienimigha Timothy.

However, delivering judgment on Thursday, the panel held that the lower court lacked the jurisdiction to grant the ex parte order.

The appeal court 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.

It held that the Federal High Court has the exclusive jurisdiction to determine the vacancy of a House of Assembly seat.

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 court held.

It ruled that the ex parte order having been made without jurisdiction is null and void.