The membership status of lawmakers in the Rivers State Assembly aligned with former Governor Nyesom Wike remains unresolved, according to Nigerian lawyer Fred Nzeakor.
Speaking to ARISE NEWS on Friday, Nzeakor addressed the implications of a recent court decision that nullified the expulsion of Martin Amaewhule and 24 other lawmakers.
Nzeakor highlighted that the primary issues at hand are both jurisdictional and fundamental regarding the recognition of these lawmakers as current members of the assembly.
"The core issues here are not just jurisdictional but also the fundamental question of whether these lawmakers are still recognized members," he 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."
As reported by Arise TV, Nzeakor pointed to Section 272(3) of the Constitution, amended in 2010, which grants the Federal High Court the authority to adjudicate matters related to vacant legislative seats. This extends the scope of Section 251, which details the Federal High Court's jurisdiction.
"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 underscored that the question of whether the lawmakers are still recognized members of the Rivers State Assembly is yet to be determined and is pending before 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 importance of awaiting a definitive ruling from the Federal High Court before any potential appeal to the Court of Appeal could proceed. He suggested that the case might eventually reach the Supreme Court, pending a valid pronouncement on the substantive issue of the lawmakers' defection.
"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."
Nzeakor also expressed concerns about gaps in Nigerian laws that need to be addressed, noting that the effective implementation of beneficial laws remains a significant challenge.
The current legal ambiguities, he argued, highlight the need for legislative adjustments to ensure clarity and enforcement.