After a thorough review of the suit presented before it, the Court of Appeal sitting in Abuja has nullified the expulsion of Martin Amaewhule and 24 others from the Rivers State House of Assembly by the Rivers State High Court.
A three-member panel of the Appellate Court ruled that the lower court lacked the jurisdiction to grant the exparte order, saying, it was not within the court jurisdiction.
In a ruling delivered on Thursday, the appellate 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 and not the State High Court.
It held that the Federal High Court has the exclusive jurisdiction to determine if the seats have become vacant, cautioning other State High Courts from embarking on such.
According to the court, 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.
The court held that the order made without any due consideration of its jurisdiction by the State High Court is null and void.
