The Court of Appeal, sitting in Abuja, has overturned the High Court of Rivers State’s order that restrained 25 members of the Rivers House of Assembly from carrying out legislative duties after they defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
In a unanimous judgment, a three-member panel of the appellate court stated that the High Court of Rivers State did not have the jurisdiction to rule on whether the seats of the defected lawmakers were vacant or if their terms had ceased. According to Section 273(3) of the Constitution, the appellate court held that only the Federal High Court has the authority to determine if a lawmaker’s seat is vacant or if their term of office has ended.
Justice Jimi Bada, delivering the lead judgment, emphasized that granting an extensive order restraining the lawmakers without giving them a fair hearing was a denial of their rights.
The court also mentioned that no urgency justified the High Court’s grant of the ex-parte order.
The lead judgment was on the 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.
Justices Hamma Barka and Bilikisu Aliyu, who were also part of the Court of Appeal panel, concurred with the lead judgment.
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