The court voided the state High Court order restraining the 25 lawmakers, known as G-25, from parading themselves as Assembly members.
Oko-Jumbo had approached the High court to seek an interim injunction against Amaewhule and 24 others from further conduct of legislative duties, having left the party on which platform they were elected for another party.The court granted the prayers and ordered that Amaewhule and his colleagues should stop parading themselves as lawmakers and not conduct legislative business.
The Appeal Court held that by the provision of Section 272 of the Constitution, it is only the Federal High Court that has the jurisdiction to determine whether or not the seat of a lawmaker was vacant or his term of office has ceased. Justice Bada said: “The trial court ought to have listened to both sides before coming to a decision prejudicial to the appellants.”
He observed that while the cause of action arose on December 13, 2023, when the appellants announced their defection, the plaintiffs at the trial court waited for up to 140 days before filing the suit. “With the resolution of issues one, two, three, four and five in favour of the appellants and against the respondents, it is my view that the appeal has merit and it is allowed.
Okocha however, lamented that the Court failed to order the National Judicial Council to sanction Justice Charles Wali of the State High court for hearing a matter his court was not qualified to adjudicate on. Lloyd, who commended the judiciary for upholding the constitution and deepening democracy with its ruling, said the judge at the lower court, who created the confusion, should not be allowed to go free.
“The court has also affirmed the position of Martins Amaewhule, which was not disputed. Amaewhule has at all times remained the Speaker of the Rivers State House of Assembly.
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