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Rivers: Appeal Court Erroneously Used Section 272 To Upturn Ruling —Legal Expert Says No Legitimacy

opera.com 2024/10/5

In a recent statement, Justice Osai Ahiakwo has reacted to the appellate court's ruling that restored 25 sacked lawmakers in the Rivers State House of Assembly to their seats, as reported by DAILY POST.

In a statement released Thursday night, Justice Ahiakwo clarified that the ruling did not grant the former lawmakers legitimacy to perform legislative duties.

He stated that it did not authorize them to initiate impeachment proceedings against the Governor of Rivers State.

Previously, a High Court in Port Harcourt had restrained the 25 lawmakers from parading themselves as lawmakers.

These lawmakers had defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

The Martin Amaewhule-led Assembly members then approached the Appeal Court to overturn the High Court's verdict.

Justice Ahiakwo expressed concern about the Appeal Court's ruling and believed the matter could only be resolved by the Supreme Court.

Justice Ahiakwo is confident that the Supreme Court will provide the correct interpretation of Sections 251 and 272 of the Constitution to address the jurisdictional issues between the Federal and State High Courts.

Justice Ahiakwo noted that the Appeal Court had introduced new terms into the legal system and stressed the importance of jurisdiction.

He criticized the Appeal Court for misinterpreting Section 251 of the 1999 Constitution, which confers original jurisdiction on the Federal High Court, and instead relying on Section 272 to overturn the High Court's ruling.

“There is indeed no course for alarm as considerable and conscientious efforts must be put in place by the respondents in approaching the Supreme Court, aimed at correcting the error of the Court of Appeal.“

"This calls for grave concern as nothing seems to suggest a departure from the known norms and standards; hence, the Supreme Court should be the last resort."

“Rather referring to Section 251 of the 1999 Constitution of the Federal Republic of Nigeria, (as amended) and properly interpreting it as conferring original jurisdiction on the Federal High Court as a specialist court, the Court of Appeal erroneously relied on Section 272 of the same 1999 Constitution to upturn the ruling of the High Court of Rivers State,” he said.