Jurisdiction Matters: Court Of Appeal Strikes Out Suit Against 25 Defected Rivers Assembly Members

The Court of Appeal sitting in Abuja has overturned an interim injunction granted by the Rivers State High Court in the case of Hon. Martin Chike Amaewhule & 24 Others vs Rt. Hon. Victor Oko Jumbo & 3 Others. The unanimous decision by the three-judge panel, comprising Justices Jimi Olukayode Bada, Hamma Akawu Barka, and Balkisu Bello Aliyu, held that the trial court lacked the requisite jurisdiction to hear the matter and grant the ex-parte injunction.

The case stemmed from a suit filed by the Speaker of the Rivers State House of Assembly, Rt. Hon. Victor Oko Jumbo, and two others against 25 members of the Assembly, along with the Governor, Attorney General, and Chief Judge of Rivers State. The plaintiffs sought declarations that the defendants’ seats had become vacant and an order restraining them from acting as Assembly members following their defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).

On May 10, 2024, the trial court granted an ex-parte interim injunction restraining the defendants from parading themselves as Assembly members pending the hearing of the motion on notice. Aggrieved by the ruling, the defendants appealed to the Court of Appeal.

In his lead judgment, Justice Bada relied on Section 272(3) of the Constitution, which stipulates that only the Federal High Court has jurisdiction to determine whether the term of office of a House of Assembly member has ceased or their seat has become vacant. Consequently, the trial court lacked the jurisdiction to entertain the suit and grant the injunction.

The Court of Appeal also found that the trial court breached the defendants’ right to fair hearing by making determinations that affected their civil rights without giving them an opportunity to be heard. Moreover, the court noted that there was no real urgency to justify granting the ex-parte injunction, as the plaintiffs had delayed for over 140 days before instituting the action.

In light of these findings, the Court of Appeal allowed the appeal, set aside the injunction, and struck out the suit for lack of jurisdiction. The parties are to revert to their positions prior to the issuance of the orders, and all actions taken pursuant to those orders are deemed null and void. The court made no order as to costs.

Justices Hamma Akawu Barka and Balkisu Bello Aliyu concurred with the lead judgment, emphasizing the constitutional delineation of judicial powers between federal and state high courts in matters concerning the vacation of legislative seats.