The Court of Appeal sitting in Abuja on Thursday dismissed an order of the Rivers State High Court, which had restrained the 25 Members of the Rivers State House of Assembly led by Martin Amaewhule from parading themselves members of the Assembly.
In a unanimous judgement by the three-man panel, the court granted the appeal by Amaewhule and the 24 Assembly members, challenging the interlocutory decision of the Rivers State High Court, delivered on May 10, 2024.
The Justice Jimi Olukayode-Bada-led three-man panel of the Court of Appeal, held that Amaewhule’s appeal was “meritorious” and therefore allowed same.
Consequently, the suit by Victor Oko-Jumbo at the Rivers State High Court is hereby struck out.
The panel further 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 respondents.
Consequently, 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 panel also held that in granting an ex parte order, there must be an existence of “real urgency and not self induced urgency.”