Court of Appeal Reinstates Sacked Rivers State Lawmakers

In a significant ruling, the Court of Appeal has reversed the decision to dismiss Martin Amaewhule and 24 other members from their positions in the Rivers State House of Assembly. This ruling reinstates their status as members of the assembly.

The Court of Appeal, Abuja, made this decision, nullifying the expulsion of Martin Amaewhule and 24 others from the Rivers State House of Assembly by the Rivers State High Court. A three-member panel of the appellate court held that the lower court lacked the jurisdiction to grant the exparte order.

The court held that Section 272(3) of the Constitution gives the Federal High Court powers to determine whether the seat of a House of Assembly member has become vacant. It held that the Federal High Court has the exclusive jurisdiction to determine if the seats have become vacant.

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.

In the lead judgment, Justice Jimi Bada held that by granting the far reaching order, restraining the lawmakers from further acting as members of the Assembly without hearing from the appellants amounted to a denial of their right to a fair hearing.

Justice Bada held that no urgency warranted the grant of the ex-parte order by the Rivers State High Court.

The judgment was on the appeal marked: CA/PH/198/2024 filed by Martin Chike Amaewhule and 24 others, with Victor Oko Jumbo (Speaker, Rivers State House of Assembly) as respondent.

Other members of the Court of Appeal panel, Justice Hamma Barka and Bilikisu Aliyu agreed with the lead judgment.

The ruling has significant implications for the political landscape in Rivers State, as it restores the status of the expelled lawmakers and potentially alters the balance of power within the state assembly.