…Nullifies Rivers High Court decision for lack of jurisdiction
Crisis rocking Rivers State deepened on Thursday as Court of Appeal sitting in Abuja in a unanimous judgement ordered former Speaker of Rivers State House of Assembly RT. Hon Martin Amaewhule and 24 other members to revert to their positions as valid members of Rivers State House of Assembly.
Amaewhule and 24 other members of Rivers House of Assembly who are the loyalists of Nysom Wike, the minister Federal Capital Territory, had in December last year decamped from People’s Democratic Party , PDP, to All Progressive Congress, APC.
Aggrieved by their actions, amidst impeachment plots to remove Governor Simi Fubara , four remaining members of PDP Rivers State House Assembly went to High Court of Rivers State,
sought and obtained an ex -parte interim order that declared the seats of 25 members vacant
Not satisfy with the trial court decision,
Amaewhule, and 24 others lodged an before the Court of Appeal.
Delivering judgement on Thursday, three man panel of Justices of the appellate led by Justice Jimi Olukayode-Bada struck out the suit marked PAC /1512/CS/2024 for lack of jurisdiction.
He declared the decisions of the trial court null and void and ordered the appellants to revert to their positions in Rivers State House of Assembly.
Justice Olukayode- Bada said the appellate court took the decision because High Court of Rivers State lacked jurisdiction to entertain the suit filed incumbent Speaker, Victor Oko-Jumbo, and five others.
Court of Appeal held that the Federal High Court is exclusively and mandatorily the only court that can hear such matters relating the declaration of seat of a governor, deputy governor, members of National Assembly and State House of Assembly vacant and not a state high court, citing section 273 of the Constitution.
Justice Olukayode -Bada in the lead judgement declared the suit marked PAC /1512/CS/2024 null void and ordered the appellants to revert to their positions in Rivers State House of Assembly.
He said that the orders made by the trial court were without jurisdiction and therefore amounted to a nullity. He also said that courts must restrict themselves to jurisdiction allocated to them in the Constitution of the Federal Republic of Nigeria 1999 (as amended).
Besides Jurisdictional issues , Justice Olukayode -Bada said that respondents claims that matter was of utmost urgency, was self inflicted because the issue arose on December 11, 2023 but respondents obtained the ex-parte order on May 8, 2024.
Recall that Rivers state high court in Port Harcourt has restrained 25 members of the Rivers house of assembly from parading themselves as lawmakers.
In a ruling delivered on Wednesday, Charles Wali, the presiding judge, restrained the lawmakers from conducting legislative sittings anywhere — including within the legislative quarters.
The judge also restrained Siminalayi Fubara, governor of Rivers, from interfacing with or accepting resolutions and bills from the 25 lawmakers.
The suit was filed by Victor Oko Jumbo, factional speaker, and two other lawmakers — Sokari Goodboy and Orubienimigha Adolphus Timothy. The trio are loyal to Fubara
However, in today judgement the Appeal Court nullified and voided the decision of the trial court and ordered the appellants to revert to their positions in Rivers State House of Assembly.