Nigerian lawyer, Fred Nzeakor, addressing the court’s nullification of the expulsion of Amaewhule and 24 others has emphasised that the State Assembly Membership Status of Pro-Wike lawmakers Has Not Been Determined
During an interview with ARISE NEWS on Friday, Nzeakor said that “The core issues here are not just jurisdictional but also the fundamental question of whether these lawmakers are still recognized members,” Nzeakor explained.
“In our constitutional democracy, we strictly adhere to the rule of law as stipulated by the 1999 Constitution of the Federal Republic of Nigeria, as amended.”
He pointed out the specific provisions in Section 272(3) amended in 2010, granting the Federal High Court jurisdiction to intervene in matters concerning vacant seats, an extension of Section 251 which outlines the functions and jurisdiction of the Federal High Court.
“The Court of Appeal’s ruling clarified that it lacked jurisdiction to address the substantive issue,” Nzeakor stated.
Therefore, any rulings from that court on these matters would be void.”
He highlighted that the issue of whether the gentlemen are still members of the assembly remains pending, awaiting a decision from the Federal High Court.
“In Justice Okorowo’s court, an affidavit sworn by Martin Amaewhule, already public, awaits adjudication,” Nzeakor added.
“It is the Federal High Court that will ultimately determine the status of their seats, and the substantive matter is yet to be resolved.”
Nzeakor emphasized the necessity of awaiting a definitive ruling from the Federal High Court before any appeal to the Court of Appeal could proceed, should the lawmakers choose to pursue such action.
“We anticipate this matter may escalate to the Supreme Court pending a valid pronouncement on the substantive issue of their defection,” Nzeakor concluded.
“The interpretation of Section 109(1)(g) remains crucial, as it determines whether their defection is self-executory.”
He expressed concerns about existing gaps in Nigerian laws that require adjustment, noting that effective implementation of beneficial laws remains a challenge.
NNEOMA UDENSI
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