The Court of Appeal in Abuja has nullified the expulsion of Martin Amaewhule and 24 other lawmakers from the Rivers State House of Assembly, overturning a previous ruling by the Rivers State High Court. The expulsion had been ordered by Justice Charles Wali in May, following a motion ex parte filed by Victor Oko Jumbo.
In a landmark decision on Monday, a three-member panel of the appellate court declared that the lower court lacked the jurisdiction to issue the ex parte order. The appellate court referenced Section 272(3) of the Constitution, which grants the Federal High Court the authority to determine whether a seat in a House of Assembly has become vacant.
The Court of Appeal emphasized that the Federal High Court holds exclusive jurisdiction in such matters, explicitly excluding state high courts from making such determinations. The panel ruled that the ex parte order, issued without proper jurisdiction, is null and void.
The ruling reinstates Amaewhule and the other 24 lawmakers, allowing them to resume their positions in the Rivers State House of Assembly.
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