On Thursday, the Court of Appeal in Abuja annulled a Rivers State High Court order that had restrained Martin Amaewhule and 24 other lawmakers from identifying as members of the state assembly.
The appeal, marked CA/PH/198/2024, was brought by the pro-Wike lawmakers who requested the appellate court to stay the execution of the high court’s decision and invalidate all legislative actions taken by the Jumbo-led Rivers State House of Assembly.
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The lawmakers, initially elected under the Peoples Democratic Party (PDP) platform, defected to the All Progressives Congress (APC) on December 11, 2023.
In response, the Rivers Assembly, under then-Speaker Hon. Edison Ehie, declared their seats vacant on December 13.
A three-judge panel of the Court of Appeal, headed by Jimi Olukayode-Bada, ruled that the high court lacked jurisdiction over the case, asserting that such matters are exclusively within the purview of a federal high court.
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Consequently, the appellate court nullified all restraining orders previously issued by the high court against the lawmakers.
The appeal, filed by Amaewhule, the factional speaker of the Rivers State House of Assembly, and 24 others, aimed to overturn the high court’s order preventing them from acting as lawmakers. On May 30, High Court Judge Charles Wali had prohibited the lawmakers in Amaewhule’s faction from conducting legislative sessions, including within the legislative quarters, and restrained Governor Siminalayi Fubara from engaging with resolutions and bills from these lawmakers.
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The original suit was filed by Victor Oko Jumbo, another factional speaker, along with two other legislators, Sokari Goodboy and Orubienimigha Adolphus Timothy, all loyal to Governor Fubara.
The high court had also ruled that any laws passed by Amaewhule and his faction would be invalid until the matter was resolved.
The appellants sought to have the appellate court dismiss the high court’s judgment and nullify the decisions made by Jumbo’s faction. The Court of Appeal’s ruling effectively reinstates the pro-Wike lawmakers’ status and invalidates the restraining orders against them.
