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It is victory at last for Martin Amaewhule and 24 others from the Rivers State House of Assembly as the court of appeal sitting in Abuja earlier today nullified their expulsion by the Rivers State High Court.
A 3 member panel of the appellate court unanimously held that the lower court lacked the jurisdiction to grant the exparte order.
The panel noted that Section 272(3) of the Constitution gives the federal high court powers to determine whether the seat of a House of Assembly member has become vacant and the federal high court has the exclusive jurisdiction to determine if the seats have become
vacant. The panel added 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.
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