By Paul Dada
A three- member of the the Court of Appeal has nullified an order of the High Court of Rivers State which stopped 25 members of the Rivers House of Assembly,from identifying themselves as lawmakers in the state.
The High Court had given the order in a case alleging that the Martin Amaewhule- led lawmakers defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
But the Appeal Court in a unanimous judgement on Thursday, July 4, held that the trial court lacked the jurisdiction to hear the case.
The appellate court held that based on the provision of Section 273(3) of the Constitution, it is only the Federal High Court that has the jurisdiction to determine whether or not the seat of a lawmaker is vacant or his term of office has ceased.
Delivering the lead judgement on the matter, Justice Jimi Bada held the trial court erred by depriving the appellants the right to fair hearing by giving an ex-parte order against them without hearing from them.
“The trial court ought to have listened to both sides before coming to a decision prejudicial to the appellants,” he said.
