Fubara loses as appeal court reinstates pro-Wike lawmakers

By Moses Okorie

Rivers State governor, Siminalayi Fubara, has lost his case against speaker of the state assembly, Martin Amaewhule and 24 other lawmakers loyal to the immediate past governor of the state and current minister of the Federal Capital Territory, FCT, Ezenwo Nyesom Wike.

The court of appeal sitting in Abuja nullified their expulsion as members of the Rivers State House Assembly declaring that the Rivers State High Court in Port Harcourt, which earlier removed them from office did not have jurisdiction to do so.

The court ruled that Section 272(3) of the Constitution grants the Federal High Court the authority to decide if a House of Assembly member’s seat has become vacant.

The court stated that Section 272 (3) of the Constitution specifically mentions the Federal High Court, thereby excluding all state high courts from having jurisdiction.

The appellate court ruled that the ex parte order, made without jurisdiction, is null and void.

The embattled lawmakers had decamped from the Peoples Democratic Party to the All Progressives Congress amid a rift between Wike and Fubara.

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