The Court of Appeal sitting in Abuja has refused to reverse the removal of Martin Armawhule and 24 others as members of the Rivers State House of Assembly.
In a ruling on Friday, the Appellate Court says giving a verdict reversing the decision of a Federal High Court which declared their seats vacant will amount to pre-judging the Appeal currently before it.
While delivering its ruling which was delivered virtually, the three-member panel led by Justice Jimi Olukayode-Bada, also fixed June 20 for the hearing of the appeal by Amarwule and others which is about reinstating them as members of the State House of Assembly.
The Justices prayed all parties in the matter to maintain status quo and cease every form of hostilities until the matter is heard and decided.
A Rivers State High Court, sitting in Port Harcourt, had on May 10, 2024 stopped Martin Amaewhule from parading himself as Speaker of the Rivers State House of Assembly.
The court gave the order after considering a motion brought before it by the new factional Speaker of the House, Victor Jumbo and 2 others, to the effect that his seat had been declared vacant.
Justice Charles Wali, while ruling on the motion ex parte also barred 24 other members of the Assembly from accessing the complex or carrying out any such Legislative assignment in the name of the Rivers State House of Assembly.
Dissatisfied with the verdict of the state high court, Amaewhule and others approached the appallate court to stay execution of the Judgement and furhter proceedings in the suit and that whatever decisions Jumbo has taken while in office should be set aside and that accelerated hearing be granted in the matter.
In the ruling on Friday, the appallate court maitined that nothing should be done by any party in the appeal filed on May 13,2024, pending the determination of the substantive suit which will be heard on June 20, 2024.
The appeal court also stopped the state high court or any other court from entertaining the matter until it is decided, as all recorded of appeal are deemed as properly transmitted.
The PDP had, in December 2023, declared the seats of 27 of their members who won elections under the party’s tickets vacant, for defecting to the APC, while urging the Independent National Electoral Commission (INEC) to immediately commence the process of conducting fresh elections into the 27 State Constituencies in Rivers State.
The PDP pointed out that sequel to their defection from the party – the political platform on which they were elected into the Rivers State House of Assembly, the seats of the respective 27 lawmakers have become vacant by virtue of Section 109 (1) (g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
Section 109. (1) (g) of the Nigeria constitution states that: “A Member of a House of Assembly shall vacate his seat in the House if being a person whose election to the House of Assembly was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected.”
