In a significant legal decision, the Court of Appeal in Abuja has nullified the expulsion of Martin Amaewhule and 24 other lawmakers from the Rivers State House of Assembly.
This ruling overturns an earlier decision by the Rivers State High Court, which had ordered their expulsion.
The appellate court’s judgment emphasized that, according to Section 272(3) of the Nigerian Constitution, the Federal High Court holds the exclusive jurisdiction to determine if a House of Assembly member’s seat has become vacant. By specifically mentioning the Federal High Court, the Constitution excludes state high courts from having such authority.
The court declared the ex parte order issued by the Rivers State High Court as null and void due to a lack of jurisdiction.
The lawmakers involved, who are loyal to the immediate former governor of the state and current Federal Capital Territory Minister, Nyesom Wike, had defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) amid a conflict between Wike and the current Governor, Siminalayi Fubara.
