Appeal Court Gives Verdict on Order Restraining Pro-Wike Lawmakers from Rivers Assembly
- The order restraining the pro-Nyesom Wike lawmakers from parading themselves as members of the Rivers Assembly has been set aside
- The Court of Appeal sitting in Abuja ruled that the Rivers state high court lacked the power/jurisdiction to hear the case
- Justice Jimi Bada held that no urgency warranted the grant of the ex-parte order by the Rivers state high court
Legit.ng journalist Adekunle Dada has over 5 years of experience covering metro and government policy
FCT, Abuja—The Court of Appeal sitting in Abuja has voided the order restraining the 25 members of the Rivers House of Assembly from further parading themselves as members and conducting legislative business.
The lawmakers loyal to the FCT minister, Nyesom Wike, allegedly defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
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The three-member panel of the appellate court held that the Rivers state high court lacked the power/jurisdiction to hear the case.
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The judges held that the case bordered on whether or not the seats of the lawmakers, who allegedly defected, were vacant or their terms had ceased, The Nation reports.
The pro-Wike lawmakers, Martin Chike Amaewhule and 24 others filed the appeal marked: CA/PH/198/2024 with Victor Oko Jumbo (Speaker, Rivers State House of Assembly) as respondent.
The court held that, by the provision of Section 273(3) of the Constitution, it is only the Federal High Court that has the jurisdiction to determine whether or not the seat of a lawmaker is vacant or his term of office has ceased.
Justice Jimi Bada held that the restriction order without hearing from the pro-Wike lawmakers amounted to a denial of their right to a fair hearing, according to Vanguard.
The judge added that no urgency warranted the grant of the ex-parte order by the Rivers state high court.
“The trial court ought to have listened to both sides before coming to a decision prejudicial to the appellants.”
Governor Fubara denies court judgement
Legit.ng earlier reported that Rivers state governor Siminalayi Fubara-led government rejected the ruling of the state high court, saying Speaker Amaewhule and 27 others are members of the PDP.
Dagogo Israel Iboroma, the Rivers state commissioner for justice and attorney general, said the court only dismissed the case for lack of locus standi.
However, the court earlier ruled that the state government could not present evidence that the lawmakers left the PDP for the APC, as claimed in the suit.
Proofread by Kola Muhammed, journalist and copyeditor at Legit.ng
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Source: Legit.ng
