The Court of Appeal in Abuja, Nigeria has nullified the expulsion of Martin Amaewhule and 24 others from the Rivers State House of Assembly, overturning a previous decision by the Rivers State High Court.
In a unanimous ruling, the three-member panel determined that the lower court lacked the jurisdiction to issue the ex parte order that led to the expulsion. “The ex parte order was made without jurisdiction and is therefore null and void,” the appellate court declared.
The court clarified that, under Section 272(3) of the Constitution, only the Federal High Court has the authority to decide if a member’s seat in the House of Assembly has become vacant. “The Constitution clearly grants the Federal High Court the exclusive jurisdiction in such matters, thus excluding all state high courts,” the panel stated.
