The Court of Appeal in Abuja has overturned the Rivers State High Court’s expulsion of the Speaker of the Rivers State House of Assembly, Martin Amaewhule and 24 others from the Assembly.
A three-member panel of the appeal court ruled that the lower court lacked the jurisdiction to issue the exparte order, which ruled that the lawmakers had lost their seats as lawmakers by virtue of their defection to the APC.
The court of appeal ruled that Section 272(3) of the Constitution empowers only the Federal High Court to evaluate whether a House of Assembly member’s seat has become vacant.
It ruled that the Federal High Court has sole authority to assess whether seats have become empty.
According to the court, the precise reference of the Federal High Court in Section 272(3) of the Constitution precludes the state high courts from having jurisdiction.
The appellate court held that the exparte order having been made without jurisdiction is null and void.
