The Court of Appeal has nullified an ex parte order issued by the Rivers State High Court in Port Harcourt on May 10, 2024, which had declared the seats of lawmakers loyal to Nyesom Wike vacant and prevented Martin Amaewhule from acting as Speaker of the Rivers State House of Assembly.
The appellate court also overturned the State High Court’s decision that barred 24 other Assembly members from accessing the legislative complex or performing any legislative duties in the name of the Rivers State House of Assembly.
In addressing the jurisdiction of the lower court to hear and issue an ex parte order, the appellate court ruled that only the Federal High Court has the exclusive and mandatory authority to handle such matters, as specified in section 273 of the Constitution.
The three-judge panel, led by Justice Jimi Olukayode-Bada, upheld the appeal filed by factional speaker Martin Amaewhule and 24 others against Speaker Victor Oko-Jumbo and two others.
“Only the Federal High Court, and no other court, has the jurisdiction to determine cases regarding tenures and vacancies of the House of Assembly, Governors, and President, not the State High Courts, including the Rivers State High Court,” Justice Jimi Olukayode-Bada stated.
The panel concluded that there was no contention regarding the speakership of Rt. Hon. Martins Amaewhule based on the records, confirming that he remains the legitimate speaker.
Comment here