By Ayodele Oni
Martin Amaewhule, has returned as speaker of Rivers House of Assembly as the Court of Appeal, Abuja nullified his expulsion and 24 others from the Assembly by the State High Court.
A three-member panel of the appellate court held on Thursday 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.
The 24 lawmakers are perceived loyalists of the minister of the Federal Capital Territory (FCT) Nyesome Wike.
The court declared that “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.”
The court said 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.
