By Bimbo Ogunnaike
The Court of Appeal sitting in Abuja, the nation’s capital, has thrown out order stopping Martin Amaewhule and 24 others from parading themselves as lawmakers in the Rivers State House of Assembly by the Rivers State High Court.
A three-member panel of the court Thursday, 4 July, 2024 ruled that the lower court lacked the jurisdiction to grant the exparte order.
The Appeal Court held that the exparte order was made without jurisdiction and therefore is null and void.
According to the court, 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.
The appeal Court further added that 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.
