The Court of Appeal, Abuja, has quashed the expulsion of a former Rivers House of Assembly speaker, Martin Amaewhule, and 24 others from the assembly.
In May, a State High Court in Port Harcourt barred the lawmakers from parading themselves as parliamentarians following their defection from the PDP to the APC.
The embattled lawmakers are aligned with former governor Nyesom Wike, the current FCT Minister. Wike is embroiled in a protracted political battle with Governor Siminalayi Fubara over the control of the political structure in the oil-rich state.
Three lawmakers loyal to Fubara have been running the affairs of the state assembly since the court barred others from parading themselves as lawmakers.
News Central reported that while delivering judgment on Thursday, a three-member panel of the Court of Appeal held that the lower court lacked the jurisdiction to grant the ex parte order.
According to its ruling, Section 272(3) of the 1999 Constitution as amended gives the Federal High Court powers to determine whether the seat of a House of Assembly member has become vacant.
It stated that the Federal High Court has the exclusive jurisdiction to determine the vacancy of a House of Assembly seat.
It holds that 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 court held.
It therefore ruled that the ex parte order issued without jurisdiction is null and void.
