By Publisher
The Rivers State House of Assembly crisis on Thursday took another turn, as Court of Appeal, Abuja Division, set aside the order made by the High Court of Rivers State, restraining 25 members of the Rivers House of Assembly, who allegedly defected from the People’s Democratic Party, PDP, to the All Progressives Congress, APC, from further parading themselves as members of the Assembly.
The lawmakers are loyalists of Nyesom Wike, the immediate past governor of the state and Minister of the Federal Capital Territory, FCT.
A three-member panel of the appellate court unanimously held that the Rivers State High Court lacked the power/jurisdiction to hear the case, which bordered on whether or not the seats of the lawmakers were vacant or their terms had ceased.
Citing the provision of Section 273(3) of the Constitution, the court held that only the Federal High Court has the jurisdiction to determine whether or not the seat of a lawmaker is vacant or his term of office has ceased.
Justice Jimi Bada, who read the lead judgment held that 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, adding no urgency warranted the grant of the ex-parte order by the Rivers State High Court.
“The trial court ought to have listened to both sides before coming to a decision prejudicial to the appellants,” he said.
The judgment was sequel to an 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.
