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Pro Wike 27 Sacked Rivers Lawmakers Remains Sacked, Their Seats Remains Vacant - Politics - Nairaland

Nairaland Forum / Nairaland / General / Politics / Pro Wike 27 Sacked Rivers Lawmakers Remains Sacked, Their Seats Remains Vacant (5148 Views)

By law, the 25 Rivers Assembly lawmakers have lost their seats - Falana / Kano Governor Remains Sacked, Mistake Was Just A Clerical Error - Appeal Court / Ayade, Matawalle And Lawmakers Who May Lose Their Seats Over Defection (2) (3) (4)

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Pro Wike 27 Sacked Rivers Lawmakers Remains Sacked, Their Seats Remains Vacant by press9jatv: 4:23pm On Jul 04
PRO WIKE 27 SACKED RIVERS LAWMAKERS REMAINS SACKED, THEIR SEATS REMAINS VACANT AS APPEAL COURT DIDN'T DECIDE ON THE LEGALITY OF THEIR DECAMPMENT AND DECLARATION OF THEIR SEATS VACANT.
APPEAL COURT DIDNโ€™T VOID THE DECLARATION OF THE SEAT OF 27 PRO WIKE LAWMAKERS VACANT, OKO JUMBO REMAINS SPEAKER PENDING WHEN THE ISSUE OF THE ILLEGALITY OF THE DECAMPMENT OF THE 27 FORMER LAWMAKERS ARE RESOLVED BY A FEDERAL HIGH COURT AS THE APPEAL COURT SAID. IKENGA IMO UGOCHINYERE OPPOSITION FEDERAL LAWMAKERS COALITION SPOKESMAN
Pro Wike 27 sacked Rivers lawmakers remains sacked, their seat remains vacant as Appeal court didn't decide on the validity of their illegal decampment nor the declaration of their seat vacant. The Appeal Court focused on declaring that the Federal High Court is the only court with Jurisdiction to decide on the legality or illegality of decampment thereby ruling against Rivers High Court proceedings.
The legal fire works continues.
The former Speaker Edison Ehie led House votes and proceedings that declared the seats of the 27 lawmakers vacant is still valid and subject of pending litigation and the vacant seats of the 27 lawmakers remains vacant and the actions of the House led by Ehie in declaring the seat vacant have not been declared null and void by any court.
The local govt Chairmen whose tenure have since expired remains expired and can't be extended and was never extended.
Ikenga Imo Ugochinyere
Spokesperson G60 Federal Opposition Lawmakers Coalition
๐Ÿ˜Ž๐Ÿ˜Ž๐Ÿ˜Ž๐Ÿ˜Ž๐Ÿ˜Ž๐Ÿ˜Ž๐Ÿ˜Ž๐Ÿ˜Ž๐Ÿ˜Ž
And so they shall remain

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Re: Pro Wike 27 Sacked Rivers Lawmakers Remains Sacked, Their Seats Remains Vacant by press9jatv: 4:24pm On Jul 04
Barrister fergie001 can you please interpret this ruling to us in order for nairalanders and social media people will be enlightened.

1 Like

Re: Pro Wike 27 Sacked Rivers Lawmakers Remains Sacked, Their Seats Remains Vacant by Finegirl734(f): 4:28pm On Jul 04
sad
Re: Pro Wike 27 Sacked Rivers Lawmakers Remains Sacked, Their Seats Remains Vacant by EreluRoz: 4:28pm On Jul 04
Which one will we take now

2 Likes

Re: Pro Wike 27 Sacked Rivers Lawmakers Remains Sacked, Their Seats Remains Vacant by seanfer(m): 4:31pm On Jul 04
Whatever Order the state high court gave on the issue of the 27 lawmakers become null and void..

9 Likes

Re: Pro Wike 27 Sacked Rivers Lawmakers Remains Sacked, Their Seats Remains Vacant by GreatKingg: 4:32pm On Jul 04
ok
Re: Pro Wike 27 Sacked Rivers Lawmakers Remains Sacked, Their Seats Remains Vacant by fergie001: 4:38pm On Jul 04
Yes very true but they are orbiter judgements ..... the primary case is does the lower Court have the jurisdiction?

Jurisdiction is the gate and foundation of any suit, once it's not there, every other thing sitting on it becomes a nullity.

The crux of the matter can be pursued at the Justice Omotoso suit, because this court has given a direction, but for this one, it will get to the Supreme Court, and I think Amaewhule & co will also file a counter-appeal.

Based on this judgement, the lower Court's judgement has been vacated, Amaewhule & co are in-charge.

What the Court is saying is that: If there was jurisdiction, we will have done A or B but since there is no Jurisdiction at the court below, nothing come out.....

6 Likes

Re: Pro Wike 27 Sacked Rivers Lawmakers Remains Sacked, Their Seats Remains Vacant by Slytiger: 4:39pm On Jul 04
press9jatv:
PRO WIKE 27 SACKED RIVERS LAWMAKERS REMAINS SACKED, THEIR SEATS REMAINS VACANT AS APPEAL COURT DIDN'T DECIDE ON THE LEGALITY OF THEIR DECAMPMENT AND DECLARATION OF THEIR SEATS VACANT.
APPEAL COURT DIDNโ€™T VOID THE DECLARATION OF THE SEAT OF 27 PRO WIKE LAWMAKERS VACANT, OKO JUMBO REMAINS SPEAKER PENDING WHEN THE ISSUE OF THE ILLEGALITY OF THE DECAMPMENT OF THE 27 FORMER LAWMAKERS ARE RESOLVED BY A FEDERAL HIGH COURT AS THE APPEAL COURT SAID. IKENGA IMO UGOCHINYERE OPPOSITION FEDERAL LAWMAKERS COALITION SPOKESMAN
Pro Wike 27 sacked Rivers lawmakers remains sacked, their seat remains vacant as Appeal court didn't decide on the validity of their illegal decampment nor the declaration of their seat vacant. The Appeal Court focused on declaring that the Federal High Court is the only court with Jurisdiction to decide on the legality or illegality of decampment thereby ruling against Rivers High Court proceedings.
The legal fire works continues.
The former Speaker Edison Ehie led House votes and proceedings that declared the seats of the 27 lawmakers vacant is still valid and subject of pending litigation and the vacant seats of the 27 lawmakers remains vacant and the actions of the House led by Ehie in declaring the seat vacant have not been declared null and void by any court.
The local govt Chairmen whose tenure have since expired remains expired and can't be extended and was never extended.
Ikenga Imo Ugochinyere
Spokesperson G60 Federal Opposition Lawmakers Coalition
๐Ÿ˜Ž๐Ÿ˜Ž๐Ÿ˜Ž๐Ÿ˜Ž๐Ÿ˜Ž๐Ÿ˜Ž๐Ÿ˜Ž๐Ÿ˜Ž๐Ÿ˜Ž
And so they shall remain

4 Likes

Re: Pro Wike 27 Sacked Rivers Lawmakers Remains Sacked, Their Seats Remains Vacant by Slytiger: 4:40pm On Jul 04
The Court of Appeal, Abuja division, on Thursday, dismissed the exparte order issued May 10, 2024, by the Rivers State High Court, in Port Harcourt, which barred Martin Amaewhule from parading himself as the Speaker of the Rivers State House of Assembly.

The appeal court also dismissed the decision of the state high court which stopped 24 other members of the Assembly from accessing the complex or carrying out any such Legislative assignment in the name of the Rivers State House of Assembly.

A three-man panel led by Justice Jimi Olukayode-Bada while delivering judgment in the suit, upheld the appeal filed by a factional speaker of the River State House of Assembly, Martin Amaewhule, and 24 others against the Speaker, Victor Oko-Jumbo and two others.

The court in its determination of the issue of jurisdiction of a lower court to hear and also grant and exparte order, held that the Federal High Court is exclusively and Mandatorily the only court that can hear such matters and not a state high court, citing section 273 of the Constitution.

Details laterโ€ฆ

https://punchng.com/just-in-appeal-court-nullifies-order-removing-ex-rivers-speaker-others/

2 Likes

Re: Pro Wike 27 Sacked Rivers Lawmakers Remains Sacked, Their Seats Remains Vacant by Ojuntana: 4:43pm On Jul 04
Their seats were already declared vacant by Speaker Ehie as he then was. The injunction was to restrain them from sitting. In the eyes of the law, having defected, they remain ex-lawmakers. That is not under contention.

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Re: Pro Wike 27 Sacked Rivers Lawmakers Remains Sacked, Their Seats Remains Vacant by Ojuntana: 4:45pm On Jul 04
fergie001:
Yes very true but they are orbiter judgements ..... the primary case is does the lower Court have the jurisdiction?

Jurisdiction is the gate and foundation of any suit, once it's not there, every other thing sitting on it becomes a nullity.

The crux of the matter can be pursued at the Justice Omotoso suit, because this court has given a direction, but for this one, it will get to the Supreme Court, and I think Amaewhule & co will also file a counter-appeal.

Based on this judgement, the lower Court's judgement has been vacated, Amaewhule & co are in-charge.

What the Court is saying is that: If there was jurisdiction, we will have done A or B but since there is no Jurisdiction at the court below, nothing come out.....
Exactly. The court never validated their defection as legal. As long as they are defected lawmakers, they are lawbreakers and hence, ex-lawmakers.
They cannot probate and reprobate

10 Likes

Re: Pro Wike 27 Sacked Rivers Lawmakers Remains Sacked, Their Seats Remains Vacant by BERNIMOORE: 5:22pm On Jul 04
Ojuntana:

Exactly. The court never validated their defection as legal. As long as they are defected lawmakers, they are lawbreakers and hence, ex-lawmakers.
They cannot probate and reprobate
Obviously your illiteratecy is on another level I have since stopped arguing with obedients because its a waste of time. grin grin grin ....You should know that the issue in contention is not neccesarily defection, and so the Onus or burden is on the fubara and co to pursue defection issue earlier before This particular suit was brought up. PDP itself sought the appeal court to give their prayers that the 27 lawmakers are their members, so Defection is Not proven by Fubara, and cannot be part of the prayers sought by Amauwhule, citing the interlocutory court order or the High court in Rivers state which pronounced the 3 man House of assembly speaker as a result of Defection, Now The Appeal court has set aside that ruling meaning that defection or no defection, Ameawhule restored be the Apeal court as the Authentic speaker.......Amauwhule filed this Appeal, and he is Not asking to be restored as speaker on the basis of Defection, PDP who actually Joined in the suit claim that Amawhule remain their Members ....and since Fubara and co cannot supply evidence of their defection within 14 days to the court, The court gave its Judjement restoring Amawhule as the Authentic speaker.....it is Laughable that we have to keep educating you stubborn obidients with little brains

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Re: Pro Wike 27 Sacked Rivers Lawmakers Remains Sacked, Their Seats Remains Vacant by Noneroone(m): 5:30pm On Jul 04
The court didn't rule on the merit of the case rather the jurisdiction of the court. The best bet for Fubara is to get a stay of execution and appeal to the supreme court. But this will be just to buy time and pursue the case already instituted by the BOOT party at the federal high court PH. I know the supreme court will uphold court of appeal's decision.

2 Likes

Re: Pro Wike 27 Sacked Rivers Lawmakers Remains Sacked, Their Seats Remains Vacant by TheGoodJoe(m): 5:34pm On Jul 04
Slytiger:
The Court of Appeal, Abuja division, on Thursday, dismissed the exparte order issued May 10, 2024, by the Rivers State High Court, in Port Harcourt, which barred Martin Amaewhule from parading himself as the Speaker of the Rivers State House of Assembly.

The appeal court also dismissed the decision of the state high court which stopped 24 other members of the Assembly from accessing the complex or carrying out any such Legislative assignment in the name of the Rivers State House of Assembly.

A three-man panel led by Justice Jimi Olukayode-Bada while delivering judgment in the suit, upheld the appeal filed by a factional speaker of the River State House of Assembly, Martin Amaewhule, and 24 others against the Speaker, Victor Oko-Jumbo and two others.

The court in its determination of the issue of jurisdiction of a lower court to hear and also grant and exparte order, held that the Federal High Court is exclusively and Mandatorily the only court that can hear such matters and not a state high court, citing section 273 of the Constitution.

Details laterโ€ฆ

https://punchng.com/just-in-appeal-court-nullifies-order-removing-ex-rivers-speaker-others/

THEIR SEATS REMAINS VACANT AS APPEAL COURT DIDN'T DECIDE ON THE LEGALITY OF THEIR DECAMPMENT AND DECLARATION OF THEIR SEATS VACANT.

APPEAL COURT DIDNโ€™T VOID THE DECLARATION OF THE SEAT OF 27 PRO WIKE LAWMAKERS VACANT


The point made is very clear and what you are posting does not counter it.
Re: Pro Wike 27 Sacked Rivers Lawmakers Remains Sacked, Their Seats Remains Vacant by BERNIMOORE: 5:38pm On Jul 04
Noneroone:
The court didn't rule on the merit of the case rather the jurisdiction of the court. The best bet for Fubara is to get a stay of execution and appeal to the supreme court. But this will be just to buy time. I know the supreme court will uphold court of appeal's decision.
which Merit? you guys cant digest this defeat sha! grin grin Amawhule filed the Appeal, and all his prayers sought was approved and he won....Merit can only come here only if Fubara and co has Supplied the court with evidence of defection but they failed to supply any evidence until the high court ruled that they are still members of PDP, THEN they approached the Appeal court.......and won..........Supreme court will not give stay of execution just the way Appeal court did Not give Amawhule order to continue as speaker at the beggining of the Appeal which all of you are jubilating about.....same way no supreme court will give stay of execution or interlocutory here, it will go through full hearing and trial....mind you...no new evidence will be entertained as it has closed with the high court

3 Likes

Re: Pro Wike 27 Sacked Rivers Lawmakers Remains Sacked, Their Seats Remains Vacant by Noneroone(m): 5:43pm On Jul 04
BERNIMOORE:
which Merit? you guys cant digest this defeat sha! grin grin Amawhule filed the Appeal, and all his prayers sought was approved and he won....Merit can only come here only if Fubara and co has Supplied the court with evidence of defection but they failed to supply any evidence until the high court ruled that they are still members of PDP, THEN they approached the Appeal court.......and won..........Supreme court will not give stay of execution just the way Appeal court did Not give Amawhule order to continue as speaker at the beggining of the Appeal which all of you are jubilating about.....same way no supreme court will give stay of execution or interlocutory here, it will go through full hearing and trial....mind you...no new evidence will be entertained as it has closed with the high court
lol. Ok
Re: Pro Wike 27 Sacked Rivers Lawmakers Remains Sacked, Their Seats Remains Vacant by Slytiger: 5:48pm On Jul 04
TheGoodJoe:


THEIR SEATS REMAINS VACANT AS APPEAL COURT DIDN'T DECIDE ON THE LEGALITY OF THEIR DECAMPMENT AND DECLARATION OF THEIR SEATS VACANT.

APPEAL COURT DIDNโ€™T VOID THE DECLARATION OF THE SEAT OF 27 PRO WIKE LAWMAKERS VACANT


The point made is very clear and what you are posting does not counter it.
Goan argue with punch editorial.

BERNIMOORE:
Obviously your illiteratecy is on another level I have since stopped arguing with obedients because its a waste of time. grin grin grin ....You should know that the issue in contention is not neccesarily defection, and so the Onus or burden is on the fubara and co to pursue defection issue earlier before This particular suit was brought up. PDP itself sought the appeal court to give their prayers that the 27 lawmakers are their members, so Defection is Not proven by Fubara, and cannot be part of the prayers sought by Amauwhule, citing the interlocutory court order or the High court in Rivers state which pronounced the 3 man House of assembly speaker as a result of Defection, Now The Appeal court has set aside that ruling meaning that defection or no defection, Ameawhule restored be the Apeal court as the Authentic speaker.......Amauwhule filed this Appeal, and he is Not asking to be restored as speaker on the basis of Defection, PDP who actually Joined in the suit claim that Amawhule remain their Members ....and since Fubara and co cannot supply evidence of their defection within 14 days to the court, The court gave its Judjement restoring Amawhule as the Authentic speaker.....it is Laughable that we have to keep educating you stubborn obidients with little brains
You see how they are trying to console themselves with damage control ๐Ÿ˜‚

4 Likes

Re: Pro Wike 27 Sacked Rivers Lawmakers Remains Sacked, Their Seats Remains Vacant by Dpharisee: 5:54pm On Jul 04
Ferries please look at the judgement and give us the true position of the law as at this moment
Re: Pro Wike 27 Sacked Rivers Lawmakers Remains Sacked, Their Seats Remains Vacant by Ojuntana: 6:39pm On Jul 04
BERNIMOORE:
Obviously your illiteratecy is on another level I have since stopped arguing with obedients because its a waste of time. grin grin grin ....You should know that the issue in contention is not neccesarily defection, and so the Onus or burden is on the fubara and co to pursue defection issue earlier before This particular suit was brought up. PDP itself sought the appeal court to give their prayers that the 27 lawmakers are their members, so Defection is Not proven by Fubara, and cannot be part of the prayers sought by Amauwhule, citing the interlocutory court order or the High court in Rivers state which pronounced the 3 man House of assembly speaker as a result of Defection, Now The Appeal court has set aside that ruling meaning that defection or no defection, Ameawhule restored be the Apeal court as the Authentic speaker.......Amauwhule filed this Appeal, and he is Not asking to be restored as speaker on the basis of Defection, PDP who actually Joined in the suit claim that Amawhule remain their Members ....and since Fubara and co cannot supply evidence of their defection within 14 days to the court, The court gave its Judjement restoring Amawhule as the Authentic speaker.....it is Laughable that we have to keep educating you stubborn obidients with little brains
You are just straying left and right. You claim defection was not before the judges yet you expect Fubara to produce evidence of defection when the case is not about defection. The court ruled on jurisdiction not defection. Rest with your grammar

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Re: Pro Wike 27 Sacked Rivers Lawmakers Remains Sacked, Their Seats Remains Vacant by fergie001: 6:54pm On Jul 04
Ojuntana:

Exactly. The court never validated their defection as legal. As long as they are defected lawmakers, they are lawbreakers and hence, ex-lawmakers.
They cannot probate and reprobate
Yes if only they will appeal the FHC judgement because the Appeal Court gave a direction..

2 Likes

Re: Pro Wike 27 Sacked Rivers Lawmakers Remains Sacked, Their Seats Remains Vacant by Ojuntana: 6:56pm On Jul 04
fergie001:

Yes if only they will appeal the FHC judgement because the Appeal Court gave a direction..
Fubara withdrew from the suit before Omotosho gave his judgement. Can he still appeal a case he withdrew from?

2 Likes

Re: Pro Wike 27 Sacked Rivers Lawmakers Remains Sacked, Their Seats Remains Vacant by SUPERBLOOM(f): 7:12pm On Jul 04
There is a thread saying other wise

1 Like

Re: Pro Wike 27 Sacked Rivers Lawmakers Remains Sacked, Their Seats Remains Vacant by AcadaWriter: 7:12pm On Jul 04
Which one will we take now
Re: Pro Wike 27 Sacked Rivers Lawmakers Remains Sacked, Their Seats Remains Vacant by press9jatv: 7:29pm On Jul 04
[quote author=Slytiger post=130794164][/quote] you still dey argue, you never read the judgement well. Read the judgement well and also read the press release from Fubara camp.
Re: Pro Wike 27 Sacked Rivers Lawmakers Remains Sacked, Their Seats Remains Vacant by emmy3k(m): 7:30pm On Jul 04
Ojuntana:
Their seats were already declared vacant by Speaker Ehie as he then was. The injunction was to restrain them from sitting. In the eyes of the law, having defected, they remain ex-lawmakers. That is not under contention.

Can a particular lawmaker declare the seat of his colleague vacant without court order?
And again do you know that this your Ehie guy had being suspended from the house before his declaration

3 Likes 1 Share

Re: Pro Wike 27 Sacked Rivers Lawmakers Remains Sacked, Their Seats Remains Vacant by Ojuntana: 7:32pm On Jul 04
emmy3k:


Can a particular lawmaker declare the seat of his colleague vacant without court order?
Yes. So says the constitution.
The constitution actually details the speaker with the responsibility to declare such seats vacant

4 Likes 1 Share

Re: Pro Wike 27 Sacked Rivers Lawmakers Remains Sacked, Their Seats Remains Vacant by TheGoodJoe(m): 7:32pm On Jul 04
Slytiger:

Goan argue with punch editorial.


You see how they are trying to console themselves with damage control ๐Ÿ˜‚

You are missing the point. The Appeal court set aside the ruling but did it set aside their expulsion from the house by the lawmakers.

The lawmakers insist that as Martins Amaewhule defected he is no longer their member.

The court has no jurisdiction does not mean the expulsion is illegal.

That is my understanding.

2 Likes

Re: Pro Wike 27 Sacked Rivers Lawmakers Remains Sacked, Their Seats Remains Vacant by emmy3k(m): 7:35pm On Jul 04
Ojuntana:

Yes. So says the constitution.
The constitution actually details the speaker with the responsibility to declare such seats vacant
Pls can you quote the section in our constitution.
To my best of understanding, ONLY a competent court has the capacity to declare seat vacant.

1 Like 1 Share

Re: Pro Wike 27 Sacked Rivers Lawmakers Remains Sacked, Their Seats Remains Vacant by lionshare: 7:36pm On Jul 04
Ojuntana:

Yes. So says the constitution.
The constitution actually details the speaker with the responsibility to declare such seats vacant

You mean a house made of 3 members will remove a speaker with 24 members? Cmon if you donโ€™t eliminate your bias and look at matters objectively youโ€™ll continue to lose in courts.

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Re: Pro Wike 27 Sacked Rivers Lawmakers Remains Sacked, Their Seats Remains Vacant by EngrKemp: 7:57pm On Jul 04
[quote author=lionshare post=130796879]

You mean a house made of 3 members will remove a speaker with 24 members? Cmon if you donโ€™t eliminate your bias and look at matters objectively youโ€™ll continue to lose in courts. [/quote

Yes because the constitution says so.

The three are the legally and constitutionally recognized laemakers

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Re: Pro Wike 27 Sacked Rivers Lawmakers Remains Sacked, Their Seats Remains Vacant by Ojuntana: 8:01pm On Jul 04
lionshare:


You mean a house made of 3 members will remove a speaker with 24 members? Cmon if you donโ€™t eliminate your bias and look at matters objectively youโ€™ll continue to lose in courts.
As long as they defected

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