The expulsion of Martin Amaewhule and twenty-four other lawmakers from the Rivers State House of Assembly by the Rivers State High Court has been overturned by the Court of Appeal Rivers Division, 9am news nigeria reports
9am news reports that a three-member panel of the appellate court, virtually sitting in Abuja, held that the lower court lacked jurisdiction to grant the ex parte order that expelled the lawmakers.
In a breaking news the court held that the Federal High Court, as empowered by Section 272(3) of the Constitution, has the authority to determine whether a House of Assembly member’s seat has become vacant. In the lead opinion, Justice Jimi Bada ruled that the lawmakers’ right to a fair hearing had been violated by the broad injunction prohibiting them from continuing to serve as Assembly members without first hearing from the appellants.
He maintained that there was no reason for the Rivers State High Court to grant the ex-parte ruling. He asserts that the only body with the authority to decide whether the seats are vacant is the Federal High Court.
All state High Courts automatically lose their jurisdiction when the Federal High Court is specifically mentioned in section 272(3) of the Constitution. Because the ex parte order was issued without jurisdiction, the Appellate Court concluded that it is void.
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-Ogasabi
