The Court of Appeal, Abuja has nullified the expulsion of Martin Amaewhule and 24 others from the Rivers State House of Assembly by the Rivers State High Court.
Justice Charles Wali had in May, while ruling on a motion exparte following a prayer brought before his court by Victor Oko Jumbo, issued an ex parte order barring Amaewhule and 24 other lawmakers from parading themselves as members of the state House of Assembly.
But on Monday, a three-member panel of the appellate court held that the lower court lacked the jurisdiction to grant the exparte order.
The court held that Section 272(3) of the Constitution gives the Federal High Court powers to determine whether the seat of a House of Assembly member has become vacant.
It held that the Federal High Court has the exclusive jurisdiction to determine if the seats have become vacant.
According to the court, the express mention of the Federal High Court in Section 272 (3) of the Constitution automatically excludes all state high courts from having the jurisdiction.
The appellate court held that the exparte order having been made without jurisdiction is null and void.
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