The Court of Appeal in Abuja has overturned the ruling that removed 25 members of the Rivers State House of Assembly who defected to the All Progressives Congress (APC)....Read The Full Story Here ▶
Background
A Rivers State High Court had previously issued an interim injunction on May 10, restraining these lawmakers, loyal to former Governor Nyesom Wike, from acting as members of the Assembly due to their defection from the Peoples Democratic Party (PDP). This court action followed a suit filed by Hon. Victor Oko-Jumbo, who subsequently became the Speaker of the Assembly. The plaintiffs, aligned with current Governor Siminialayi Fubara, argued that the lawmakers ceased to be members after their seats were declared vacant on December 13, 2023.
The appellate court, led by Justice Jimi Olukayode Bada, concluded that the Rivers State High Court overstepped its jurisdiction in issuing the restraining order. The court found merit in the appeal lodged by the pro-Wike lawmakers, led by Speaker Martin Amaewhule, and nullified all restraining orders issued against them.
Key Points of the Judgment
- Jurisdiction: The appeal court ruled that the Rivers State High Court lacked the jurisdiction to issue the restraining order against the lawmakers.
- Legislative Actions: The court invalidated all legislative actions taken by the Oko-Jumbo-led Assembly during the period in question.
- Interim Ruling: Prior to the final judgment, the appellate court had issued an interim ruling on June 14, maintaining the status quo and halting further actions until the appeal was decided.
- Panel: The judgment was delivered by a three-man panel of Justices, including Justices Hamma Akawu Barka and Balikisu Bello Aliyu.
This judgment marks a significant victory for the 25 pro-Wike lawmakers, allowing them to return to their roles in the Rivers State House of Assembly.
