Court of Appeal
Rivers Crisis: Appeal Court returns Amaewhule as Speaker, 24 House members, sacks Oko-Jumbo
Court of Appeal sitting in Abuja on Thursday nullified an order of the Rivers State High Court, which restrained the 24 Members of the Rivers State House of Assembly led by Martin Amaewhule from parading themselves as Speaker and members of the Assembly.
The judgement was delivered in an appeal by Amaewhule and the 24 Assembly members, challenging the interlocutory decision of the Rivers State High Court, delivered on May 10, 2024.
The presiding judge, Justice Jimi Olukayode-Bada, leading a three-man panel of the Court of Appeal, held that Amaewhule’s appeal was “meritorious” and therefore allowed same.
The Appeal Court, therefore, nullified the judgement in the suit filed by Victor Oko-Jumbo-led members at the Rivers State High Court.
Consequently, the court held that Amaewhule and the 24 members of the Rivers State House of Assembly should revert to their positions before the restraining order was made.
The Court of Appeal held that the only court vested with jurisdiction to hear the suit filed by Oko-jumbo is the Federal High Court and not the State High Court.
Therefore, the panel unanimously reasoned that the trial court lacked jurisdiction to hear the suit filed by the 1st to 3rd respindents.
The appellate court held that the ex parte order which had restrained Amaewhule and the 24 Assembly members, having been made without jurisdiction, “is null and void and of no effect whatsoever” .
“Trial court lacks the jurisdiction to hear and determine the suit of the respondents,” the court said.
The panel held that in granting an ex parte order, there must be an existence of “real urgency and not self induced urgency”.
The Court of Appeal said the trial court should have heard the position of the appellant in the interest of fair hearing since there was no urgency in making the interlocutory injunction.
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