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Court of Appeal Nullifies Expulsion of Rivers Assembly Lawmakers
Posted by Thandiubani on Thu 04th Jul, 2024 - tori.ngA 3 member panel of the appellate court unanimously held that the lower court lacked the jurisdiction to grant the exparte order.
The expulsion of Martin Amaewhule and 24 others from the Rivers State House of Assembly by the Rivers State High Court has been nullified.
The nullification order was given on Thursday by the Appeal Court in Abuja.
A 3 member panel of the appellate court unanimously held that the lower court lacked the jurisdiction to grant the exparte order.
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.
The federal high court has the exclusive jurisdiction to determine if the seats have become vacant.
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 exparte order having been made without jurisdiction is null and void
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