The appellate court's verdict has been criticised and has been described as a license for politicians to defect from the party upon which they were elected to another without consequences.

The appellate court in Abuja has overturned a Rivers High Court order that prevented Martin Amaewhule and 24 others from acting as state assembly lawmakers.

A three-judge panel, led by the experienced Jimi Olukayode-Bada, ruled that the trial court did not have the jurisdiction to handle the case, which a federal high court should address.

Amaewhule, the factional speaker of the Rivers State House of Assembly and 24 others filed an appeal seeking to overturn a Port Harcourt High Court order that prohibited them from presenting themselves as legislators.

High court's ruling

On May 30, High Court Judge Charles Wali prohibited the lawmakers in Amaewhule’s faction from holding legislative sessions anywhere, including within the legislative quarters.

Similarly, the judge prohibited Governor Siminalayi Fubara of Rivers State from engaging with or accepting resolutions and bills from 25 lawmakers.

Victor Oko Jumbo, a factional speaker, and two other legislators, Sokari Goodboy and Orubienimigha Adolphus Timothy, all of whom support Fubara, brought the lawsuit.

The court declared that all laws enacted by Amaewhule and others would be invalid until the case was resolved.

The appellants requested that the appeal court overturn the lower court’s judgment and invalidate Jumbo’s faction’s actions.

Criticism over appellate court verdict

Meanwhile, the appellate court's verdict has been criticised and rejected by the National Democratic Coalition (NDC) stating that the judiciary has given license to politicians to defect from the party upon which they were elected to another without consequences.

The coalition's executive director, Dr. Samson Iroegbunam, described the Court of Appeal ruling as the equivalent of providing cover for illegal activities, as the former lawmakers cannot and should not be allowed to hide under the law that they have no regard for.

"The Appeal Court has now created new complications with the judicial precedence it has set instead of giving rulings that stabilise Nigeria’s democracy and enhance the rule of law", he said.

The group urged the people of Rivers State to remain calm as the judgment would not stand the test of time, especially since the democratic-minded stakeholders in the state have indicated that the matter shall be pursued to the Supreme Court until the will of the people of the state is respected.