Amaewhule Remains Speaker Of Rivers State House Of Assembly, Court Of Appeal Rules

THE Abuja division of the Court of Appeal earlier today upheld the appeal of Rt Hon Martin Amaewhule and 24 others who approached it challenging the decision of a Rivers State High Court which had earlier ruled in favour of Victor Oko-Jumbo, the Speaker of the State House of Assembly.

It will be recalled that Justice Charles Wali of Rivers State High Court had in a suit restrained Amaewhule and twenty-four others from performing any legislative function and further declared their seats vacant, following their ‘defection’ from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

An interlocutory injunction was also granted against Amaewhule & 24 Ors, which has now been consolidated in the appeal.

The three-man panel of Justices of the appellate court including Justices Jimi Olukayode Bada, Hamma Akawu Barka and Balkisu Bello Aliyu in suit No: CA/PH/198/2024, the court held that: 

• The applicants had the right to institute the appeal.
• The applicants’ Record of Appeal is not invalidated and thus has life.
• The Appeal Court has jurisdiction to hear the meat of the matter.
• The court vested with jurisdiction to entertain the suit of Hon. Oko Jumbo and others are the Federal High Court and not the State High Court”.
• The trial court lacked the jurisdiction to hear the suit filed by the respondent “
• “Consequent upon the foregoing, the order of the trial court having been made without jurisdiction is of no effect and is hereby declared null and void”

The court held that only the Federal High Court and no other court has the jurisdiction to determine cases of tenures and vacancies of the House of Assembly, governors and president and not any state High Court (Rivers State High Court Inclusive)

On 30 May 2024, Justice Wali restrained the lawmakers in Amaewhule’s faction from conducting legislative sittings anywhere, including within the legislative quarters.

The judge also restrained Siminalayi Fubara, governor of Rivers, from interfacing with or accepting resolutions and bills from the 25 lawmakers.

The suit was filed by Victor Oko Jumbo, a factional Speaker, and two other lawmakers — Sokari Goodboy and Orubienimigha Adolphus Timothy. The three legislators are loyal to Governor Fubara.

The court also held that all of the laws enacted by Amaewhule and others would amount to a nullity until the matter was determined.

The appellants had asked the appeal court to dismiss the judgment of the lower court and nullify the decisions taken by Jumbo’s faction.

Eighteen-Eleven Media