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Shittu Sheds Light On Rivers Legal Battle
Ekohotblog:Shittu Sheds Light On Rivers Legal Battle
Constitutional lawyer and Senior Advocate of Nigeria, Wahab Shittu has shed more light on the Appeal Court verdict that sacked the Victor Oko-Jombo led Rivers State House of Assembly.
Recall an Abuja Division of the Court of Appeal 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 as members of the Assembly.
Speaking on a national television, Shittu described the appeal court judgement as strictly a judicial matter and that it should be left at that.
According to him, the appellate court pronounced that the High Court in Rivers lacked the jurisdiction to entertain the case, meaning that all prayers by the Oko-Jombo and his team were null and void.
The senior lawyer said that the state house of assembly would have to go back to the former status quo under the leadership of Amaewhule until a competent court can set aside his leadership.
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 three-man panel of the Court of Appeal, held that Amaewhule’s appeal was “meritorious” and therefore allowed same.
Consequently, the Appeal Court held that 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 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 respondents,” 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.
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