Abuja Division of the Court of Appeal has dismissed an order of the Rivers State High Court, which had restrained the 24 Members of the Rivers State House of Assembly led by Martin Amaewhule from parading themselves members of the Assembly.
The appellate court made the order in a judgement on an appeal by Amaewhule and the 24 Assembly members, challenging the interlocutory decision of the Rivers State High Court, delivered on May 10, 2024.
Delivering judgement on the appeal on Thursday, Justice Jimi Olukayode-Bada, leading a 3-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 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 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 respindents.
Consequently, it was the contention of the appellate court that 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 respindents, the court said.
The panel held that in granting an ex parte order, there must be an existence of “real urgency and not self induced urgency”.
More so, the Court of Appeal said the trial court should have heard the position of the appellant in the interest of fair hearing since there was no urgency in making the interlocutory injunction.
