The Court of Appeal sitting in Abuja has overruled the expulsion of Martin Amaewhule and 24 others from the Rivers State House of Assembly.
This ruling overturns an earlier decision by the Rivers State High Court, which had ordered their expulsion.
A three-member panel of the appellate court said that the Rivers State High Court had overstepped its jurisdiction in issuing the ex parte order against the lawmakers, who are loyal to the controversial FCT Minister, Mr Nyesom Wike.
The appellate court’s judgment stressed that, according to Section 272(3) of the Nigerian Constitution, the Federal High Court holds the exclusive jurisdiction to determine if a House of Assembly member’s seat has become vacant.
By specifically mentioning the Federal High Court, the Constitution excludes state high courts from having such authority.
The lawmakers involved had defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) amid a conflict between Wike and the current governor, Siminalayi Fubara.
