The Court of Appeal in Abuja has overturned the expulsion of Martin Amaewhule and 24 other lawmakers from the Rivers State House of Assembly. The appellate court’s decision contradicts an earlier ruling by the Rivers State High Court that had authorized the expulsion.
According to the appellate court, Section 272(3) of the Constitution vests the Federal High Court with the authority to determine whether a member’s seat in a House of Assembly has become vacant. It emphasized that only the Federal High Court has jurisdiction in such matters, explicitly excluding state high courts.
The court specified that the ex parte order issued without jurisdiction is invalid. The lawmakers, aligned with the former governor and current Federal Capital Territory Minister, Nyesom Wike, had switched from the Peoples Democratic Party to the All Progressives Congress amid tensions between Wike and Governor Siminalayi Fubara.
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