By Abiola Olawale
The Court of Appeal in Abuja, on Thursday, struck out an order of a Rivers high court which restrained Hon. Martin Amaewhule and 24 others from parading themselves as lawmakers of the Rivers state House of Assembly.
In a judgment delivered by a three-member panel, the appellate court held that the Rivers State High Court lacked the jurisdiction to grant the exparte order on the matter.
The court ruled that, Section 272(3) of the Constitution gave the Federal High Court the exclusive authority to adjudicate on the issue of whether a seat of a House of Assembly member has been vacated or not.
According to the court, the express mention of the Federal High Court in Section 272 (3) of the Constitution automatically excludes all state high courts from having the jurisdiction.
The appellate court held that the exparte order having been made without jurisdiction is null and void.
It would be recalled that in May, 2024, the Rivers State High Court in Port Harcourt issued an order prohibiting the now factional Speaker of the state House of Assembly loyal to the immediate past Governor of the state and the Minister of the Federal Capital Territory(FCT), Nyesom Wike, as well as 24 lawmakers from presenting themselves as members of the Rivers State House of Assembly.
The order was given by Justice Charles N. Wali in a case with suit number PHC/1512/CS/2024, filed by Victor Oko Jumbo, Speaker of the Rivers State House of Assembly, along with Sokari Goodboy and Orubienimigha Timothy, members of the Assembly.
The New Diplomat reports that Rivers State has been in the news for over eight months over the acrimonious war between Governor Siminalayi Fubara and his immediate predecessor, Wike.
While the reasons for the acrimony between the duo remain top secret, some insider sources had consistently pointed out that Wike and Fubara had been purportedly battling for control of the oil-rich state’s resources and political machinery.
The crisis has since festered, as about 25 lawmakers of the Rivers State House of Assembly including the Speaker, Rt. Hon Martins Amaewhule purportedly dumped the PDP and issued threats to impeach Fubara.
However, the lawmakers have since denied the defection rumours, saying they are still card-carry members of the PDP.
