The Court of Appeal, Abuja division, on Thursday, overturned the ex parte order issued on May 10, 2024, by the Rivers State High Court in Port Harcourt, which had barred Martin Amaewhule from serving as Speaker of the Rivers State House of Assembly.
In addition, the appeal court nullified the state high court’s decision that had prevented 24 other Assembly members from accessing the legislative complex or performing their duties on behalf of the Rivers State House of Assembly.
A three-member panel led by Justice Jimi Olukayode-Bada delivered the judgment, siding with Martin Amaewhule and 24 others who appealed against Speaker Victor Oko-Jumbo and two others.
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The court’s decision focused on the jurisdictional issue, ruling that only the Federal High Court has the authority to handle such matters, not a state high court, as stipulated by Section 273 of the Constitution.
In delivering the lead judgment, Justice Jimi Bada criticized the state high court for issuing such a sweeping order without hearing from both parties, describing it as a violation of the appellants’ right to a fair hearing.
“The state high court should have listened to both sides before issuing a decision that prejudiced the appellants,” Justice Bada emphasized.
The judgment was made in response to the appeal marked CA/PH/198/2024 filed by Martin Chike Amaewhule and 24 others, with Victor Oko Jumbo listed as respondent. Justices Hamma Barka and Bilikisu Aliyu concurred with the lead judgment.
