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Appeal Court Reinstates 25 Rivers Lawmakers Sacked Over Defection

opera.com 2024/10/5

The Court of Appeal sitting in Abuja has vacated the order that had previously sacked 25 members of the Rivers State House of Assembly following their defection to the ruling All Progressives Congress (APC), VANGUARD reported.

In a unanimous decision by a three-man panel of justices on Thursday, the appellate court determined that the Rivers State High Court, which initially issued the order, lacked the jurisdiction to do so.

The appeal, led by the embattled Speaker of the Rivers State House of Assembly, Hon. Martin Amaewhule, was upheld.

The case traces back to May 10, when Justice Charles Wali of the Rivers State High Court issued an interim injunction.

This order restrained the lawmakers, who were loyal to the immediate past Governor of the state and current Minister of the Federal Capital Territory, Nyesom Wike, from parading themselves as members of the Assembly after they decamped from the Peoples Democratic Party (PDP), the party that sponsored their elections.

The court order followed a suit filed by Hon. Victor Oko-Jumbo, who subsequently emerged as the Speaker of the Assembly.

The plaintiffs, loyal to the incumbent governor of the state, Siminialayi Fubara, contended that Amaewhule and the other 24 defected lawmakers ceased to be members of the Rivers State House of Assembly as of December 13, 2023, when their seats were declared vacant.

Justice Wali’s decision barred the pro-Wike lawmakers from accessing the Assembly complex or carrying out any legislative duties.

In response, Amaewhule and his colleagues sought relief from the appellate court, arguing that the state high court had overstepped its jurisdiction.

Their appeal, marked CA/PH/198/2024, called for a stay of execution of the high court’s judgment and sought the invalidation of all legislative actions taken by the Jumbo-led Rivers State House of Assembly.

Prior to the final judgment, the appellate court had ordered both factions to maintain the status quo and halt further actions pending the appeal's determination.

This interim ruling was delivered on June 14, and the court further restrained the Rivers State High Court or any other court from entertaining any related suits.

On June 20, the Justice Jimi Olukayode Bada-led panel of the appellate court reserved its judgment after hearing arguments from both parties in a virtual proceeding.

In delivering its judgment on Thursday, the appellate court found merit in the appeal by the 25 pro-Wike lawmakers, invalidating all restraining orders issued by the high court.

Justices Hamma Akawu Barka and Balikisu Bello Aliyu joined Justice Bada in the decision.

The lawmakers, originally elected on the PDP platform, announced their defection to the APC on December 11, 2023.

Two days later, the Rivers Assembly, led by then-Speaker Hon. Edison Ehie, declared their seats vacant due to their defection.