The Court of Appeal sitting in Abuja on Thursday, dismissed the exparte order given by the Rivers State High Court, in Port Harcourt, on May 10, 2024, stopping Martin Amaewhule from parading himself as the 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 who allegedly defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) from accessing the complex or carrying out any 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 an ex parte order, held that the Federal High Court is the only court that has the exclusive jurisdiction to hear cases which bordered on whether or not the seats of the lawmakers, who allegedly defected, were vacant or their terms had ceased, citing section 273 of the Constitution.
The unanimous judgement of the three-member panel of Justices of the appellate court led by Justice Jimi Olukayode-Bada 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.
Justice Bada held that no urgency warranted the grant of the ex-parte order by the Rivers State High Court and upheld the appeal filed by a factional speaker of the River State House of Assembly, Martins Amaewhule and 24 others against the Speaker, Victor Oko-Jumbo and two others.
The Appeal Court held that: “The trial court ought to have listened to both sides before coming to a decision prejudicial to the appellants.”
It would be recalled that a Rivers state high court sitting in Port Harcourt restrained 25 members of the Rivers House of Assembly from parading themselves as lawmakers.
A ruling of the Rivers state High Court on an exparte application, restrained the lawmakers from conducting legislative sittings anywhere — including within the legislative quarters.
The court also restrained the Rivers state governor, Siminalayi Fubara 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, who are loyal to Fubara.
ALSO READ THESE TOP STORIES FROM NIGERIAN TRIBUNE