The Court of Appeal has nullified an ex parte order given by the Rivers State High Court, in Port Harcourt, on May 10, 2024 declaring seats of lawmakers loyal to Nyesom Wike vacant and stopping Martin Amaewhule from parading himself as Speaker of the Rivers State House of Assembly.
The appellate court also dismissed the decision of the State High Court stopping 24 other members of the Assembly from accessing the complex or carrying out any such legislative assignment in the name of the Rivers State House of Assembly.
The appellate court in determining the issue of jurisdiction of a lower court to hear and also grant and ex parte order, held that the Federal.
High Court is exclusively and mandatorily the only court that can hear such matters and not a State High Court, citing section 273 of the Constitution.
The three-man panel led by Justice Jimi Olukayode-Bada therefore upheld the appeal filed by a factional speaker of the River State House of Assembly, Martin Amaewhule and 24 others against the Speaker, Victor Oko-Jumbo and two others.
“Only the Federal High Court and no other court has the jurisdiction to determine cases of tenures and vacancies of the House of Assembly, Governors and President and not the State High Courts (Rivers State High Inclusive).
“From the foregoing, it is of the view of the learned judges that there was no contention on the speakership of Rt. Hon. Martins Amaewule from the records, and therefore, remains the speaker,” Justice Jimi Olukayode-Bada held.
