Martins Amaewhule
By Our Reporter
The Court of Appeal, 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 held that the lower court lacked the jurisdiction to grant the exparte order.
The 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.
It held that the Federal High Court has the exclusive jurisdiction to determine if the seats have become vacant.
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 appellate court held that the exparte order having been made without jurisdiction is null and void.
