Jurisdiction Issues: Courtroom Of Enchantment Strikes Out Swimsuit Towards 25 Defected Rivers Meeting Members [Full Judgment]

The Courtroom of Enchantment sitting in Abuja has overturned an interim injunction granted by the Rivers State Excessive Courtroom within the case of Hon. Martin Chike Amaewhule & 24 Others vs Rt. Hon. Victor Oko Jumbo & 3 Others.The unanimous choice by the three-judge panel, comprising Justices Jimi Olukayode Bada, Hamma Akawu Barka, and Balkisu Bello Aliyu, held that the trial court docket lacked the requisite jurisdiction to listen to the matter and grant the ex-parte injunction.>>>CONTINUE FULL READING HERE

The case stemmed from a swimsuit filed by the Speaker of the Rivers State Home of Meeting, Rt. Hon. Victor Oko Jumbo, and two others towards 25 members of the Meeting, together with the Governor, Lawyer Normal, and Chief Decide of Rivers State. The plaintiffs sought declarations that the defendants’ seats had develop into vacant and an order restraining them from appearing as Meeting members following their defection from the Individuals’s Democratic Celebration (PDP) to the All Progressives Congress (APC).

On Could 10, 2024, the trial court docket granted an ex-parte interim injunction restraining the defendants from parading themselves as Meeting members pending the listening to of the movement on discover. Aggrieved by the ruling, the defendants appealed to the Courtroom of Enchantment..>>>CONTINUE FULL READING HERE

In his lead judgment, Justice Bada relied on Part 272(3) of the Structure, which stipulates that solely the Federal Excessive Courtroom has jurisdiction to find out whether or not the time period of workplace of a Home of Meeting member has ceased or their seat has develop into vacant. Consequently, the trial court docket lacked the jurisdiction to entertain the swimsuit and grant the injunction.

The Courtroom of Enchantment additionally discovered that the trial court docket breached the defendants’ proper to honest listening to by making determinations that affected their civil rights with out giving them a chance to be heard. Furthermore, the court docket famous that there was no actual urgency to justify granting the ex-parte injunction, because the plaintiffs had delayed for over 140 days earlier than instituting the motion.
Judgment Hon Amewhule v. Speaker TheNigeriaLawyer

In gentle of those findings, the Courtroom of Enchantment allowed the enchantment, put aside the injunction, and struck out the swimsuit for lack of jurisdiction. The events are to revert to their positions previous to the issuance of the orders, and all actions taken pursuant to these orders are deemed null and void. The court docket made no order as to prices.

Justices Hamma Akawu Barka and Balkisu Bello Aliyu concurred with the lead judgment, emphasizing the constitutional delineation of judicial powers between federal and state excessive courts in issues in regards to the trip of legislative seats.>>>CONTINUE FULL READING HERE