The Court of Appeal convened in Abuja yesterday to settle the dispute regarding the status of the 25 majority lawmakers of the Rivers State House of Assembly led by Speaker Martin Amaewhule. It affirmed that despite claims by three of their colleagues, led by Victor Oko-Jumbo, the majority lawmakers were still recognized members of the assembly.
Amaewhule and the other 24 lawmakers had challenged a ruling from the Port Harcourt High Court that had invalidated their membership in the assembly due to their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). The lower court had ruled that their defection automatically disqualified them from holding office.
In overturning the lower court’s decision, a three-judge panel of the appellate court, led by Justice Jimi Bada, found that the lower court had erred in granting its decision. Justices Hamma Barka and Bilikisu Aliyu also served on the panel. The appellate court emphasized that the state high court did not have jurisdiction to adjudicate on matters concerning lawmakers’ membership following defection, citing Section 272(3) of the 1999 Constitution as amended.
According to the appellate court, only the Federal High Court has the authority to determine whether a lawmaker’s seat is vacant or if their term of office has ended. The court underscored the importance of fair hearing, noting that the lower court had failed to adhere to the principle of audi alteram partem by not allowing the lawmakers to present their case before issuing a ruling.
Furthermore, Justice Bada pointed out that there was no urgent need justifying the lower court’s decision to issue such a consequential order without proper consideration of both sides. He highlighted that this action violated the constitutional right to fair hearing as guaranteed under Section 36 of the Constitution.
Consequently, all actions taken by the lawmakers have been nullified ab initio. This includes their screening and confirmation of commissioners and local government caretaker committees, as well as the passage of the state’s budget.
The judgment has reinstated Amaewhule as the legitimate leader of the assembly, empowered to determine the assembly’s proceedings in consultation with other members, independent of gubernatorial directives on assembly proceedings.
Section 101 of the Constitution grants the House of Assembly the authority to regulate its own procedures, including the summoning and recess of the House.
While they have the option to appeal to the Supreme Court, the lawmakers are required to comply with the Court of Appeal’s decision pending their appeal to the highest court in the country.
