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Rivers Crisis: Appeal Court Nullifies Order Barring Amaewhuele, 24 Others From Parading As Lawmakers

opera.com 2024/10/5

The Court of Appeal in Abuja has annulled the expulsion of Martin Amaewhule and 24 other lawmakers from the Rivers State House of Assembly, originally ordered by the Rivers State High Court.

According to Channels TV report, in a decisive judgment, the three-judge panel of the appellate court found that the lower court acted outside its jurisdiction when it issued the ex parte order. "The ex parte order was made without jurisdiction and therefore is null and void," the Appeal Court stated.

The Appeal Court emphasized that Section 272(3) of the Nigerian Constitution explicitly grants the Federal High Court the authority to determine whether a legislative seat has become vacant. By clearly assigning this responsibility, the Constitution excludes state high courts from making such determinations.

"The Federal High Court has the exclusive jurisdiction to determine if the seats have become vacant," the court noted.

This ruling clarifies that only the Federal High Court has the power to make decisions regarding the status of legislative seats, effectively rendering the state high court's action invalid.

The Appeal Court's decision reinstates Amaewhule and the 24 other lawmakers to their positions in the Rivers State House of Assembly.

The decision by the Court of Appeal underscores the constitutional boundaries between state and federal judicial powers, particularly in matters of legislative governance.

It reinforces the exclusive role of the Federal High Court in adjudicating issues related to the vacancy of legislative seats, ensuring that judicial processes align with constitutional directives.