₦airaland Forum

COURT OF APPEAL: TODAY'S KEY HEARINGS AND JUDGMENT

*Hearings:*

1. **CA/PH/137M/2024**
- Case: Hon. Enyiada Clifford Cookey-Gam (Executive Chairman, Opobo/Nkoro Local Government Area) & 6 others vs. Governor of Rivers State & others

2. **CA/PH/145M/2024**
- Case: Hon. Enyiada Clifford Cookey-Gam (Executive Chairman, Opobo/Nkoro Local Government Area) & 6 others vs. Governor of Rivers State & others

3. **CA/PH/172/2024**
- Case: Hon. Augustine P. Ngo vs. Peoples Democratic Party

*Judgment:*

4. **CA/PH/198/2024**
- Case: Hon. Martin Chike Amaewhule & 24 others vs. Rt. Hon. Victor Oko Jumbo & 5 others

Stay tuned for more updates ....

it would be interesting to see the judges that will reinstate these defected lawmakers after their folly. This is Nigeria so I won't rule it out especially when the lawmakers applied for their case to be transferred to Abuja obviously on the advise of Wike.
In the interlocutory injunction they applied for in December 2023, they prayed the court to restrain the 1st and 3rd defendants from declaring their seats vacant AFTER AGREEING AND SWEARING THEY HAD LEFT THE PDP.



In their affidavit filed at the Federal High Court in Abuja and published on page 29 of This Day Newspaper on Wednesday, June 19, 2024, Martin Amaewhule and his committee of friends made a critical admission. Seeking an interlocutory injunction, they wrote:👇

"9. That the plaintiffs (Amaewhule & his friends) contested their respective elections on the platform of the 2nd defendant (PDP) and had remained members of the latter until 11/12/2023 when the plaintiffs (Martin Amaewhule and his committee of friends) left the 2nd defendant (PDP) and joined the All Progressives Congress (APC) as a result of a serious division in the 2nd defendant (PDP)."

This affidavit has been their greatest downfall, a fact they conveniently hide from their supporters because "Opposition no easy at all".

phantom:
it would be interesting to see the judges that will reinstate these defected lawmakers after their folly. This is Nigeria so I won't rule it out especially when the lawmakers applied for their case to be transferred to another judge obviously on the advise of Wike.


In their affidavit filed at the Federal High Court in Abuja and published on page 29 of This Day Newspaper on Wednesday, June 19, 2024, Martin Amaewhule and his committee of friends made a critical admission. Seeking an interlocutory injunction, they wrote:👇

"9. That the plaintiffs (Amaewhule & his friends) contested their respective elections on the platform of the 2nd defendant (PDP) and had remained members of the latter until 11/12/2023 when the plaintiffs (Martin Amaewhule and his committee of friends) left the 2nd defendant (PDP) and joined the All Progressives Congress (APC) as a result of a serious division in the 2nd defendant (PDP)."

This affidavit has been their greatest downfall, a fact they conveniently hide from their supporters because "Opposition no easy at all".

the only evidence to prove beyond
reasonable doubt that someone has actually left his/her political party is a letter of resignation addressed to his/her ward Chairman. And the only evidence to prove beyond reasonable doubt that he/she has joined a new political party is the presence of his/her name in the membership register of the new political party. Any other arguments won't hold water by law.

Eteka1:
the only ways to prove that someone has left his/her political party is letter of resignation addressed to his/her ward Chairman. And the only way to prove that he/she has joined a new political party is the presence of his/her name in the membership register of the new political party. Any other arguments is completely irrelevant by law.

Pure nonsense! The first step of a defection is reading the defection letters on the floor of the house which their is video evidence of. That is how other defections start...party deletion of names from registers and subsequent party registration DO NOT HAPPEN OVERNIGHT.

phantom:
Pure nonsense! The first step of a defection is reading the defection letters on the floor of the house which their is video evidence of. That is how other defections start...party deletion of names from registers and subsequent party registration DO NOT HAPPEN OVERNIGHT.

from what you have said here, I believe you have never had any actual experience in pursuing a political matter in a Court or Tribunal. I am talking from experience of participating in a matter from Tribunal to Supreme Court. You can use this case as a crash course if you please.

Hmm. So posts are just meaningless

Eteka1:
from what you have said here, I believe you have never had any actual experience in pursuing a political matter in a Court or Tribunal. I am talking from experience of participating in a matter from Tribunal to Supreme Court. You can use this case as a crash course if you please.

Most of them are kids just to post rubbish, Stop wasting your time replying some quotes

yarimo:
Most of them are kids just to post rubbish, Stop wasting your time replying some quotes

All these kids on nairaland sef.. 😂.. when i joined nairaland, you were likely on pampers ... 🤦🏾‍♂️😂

Eteka1:
the only evidence to prove beyond
reasonable doubt that someone has actually left his/her political party is a letter of resignation addressed to his/her ward Chairman. And the only evidence to prove beyond reasonable doubt that he/she has joined a new political party is the presence of his/her name in the membership register of the new political party. Any other arguments won't hold water by law.

There is a rule for cross carpeting in the house of assembly

Live from zoom

The Notice of Preliminary Objections filed by Hon. Victor Oko Jumbo, Hon. Sokari Goodboy Sokari, Hon. Adolphus Timothy and Governor of Rivers State being the 1st, 2nd, 3rd and 4th Respondents challenging the Appeal of Hon. Martin Chike Amaewhule and 24 others have been dismissed for lacking in merit.

Issue 1: Record of Appeal is not invalidated. Therefore, the appeal has life.

Issue 2: The Hon. Martins Amaewhule's led RSHA members have the right of appeal as their constitutional right and can not be taken away from them.

Issue 3: The Appeal Court has jurisdiction to entertain the matter.

As expected!

Keeping my fingers crossed

It appears the appeal court has vacated the ruling of Justice Wali of the state high court.. I suspect due to issues of jurisdiction.

Wike's men will get a favourable judgement. Rivers no b Abia

The Notice of Preliminary Objections filed by Hon. Victor Oko Jumbo, Hon. Sokari Goodboy Sokari, Hon. Adolphus Timothy and Governor of Rivers State being the 1st, 2nd, 3rd and 4th Respondents challenging the Appeal of Hon. Martin Chike Amaewhule and 24 others have been dismissed for lacking in merit.


The Notice of Preliminary Objections filed by Hon. Victor Oko Jumbo, Hon. Sokari Goodboy Sokari, Hon. Adolphus Timothy and Governor of Rivers State being the 1st, 2nd, 3rd and 4th Respondents challenging the Appeal of Hon. Martin Chike Amaewhule and 24 others have been dismissed for lacking in merit.

Issue 1: Record of Appeal is not invalidated. Therefore, the appeal has life.

Issue 3: The Appeal Court has jurisdiction to entertain the matter.

Issue 2: The Hon. Martins Amaewhule's led RSHA members have the right of appeal as their constitutional right and can not be taken away from them.

The Court of Appeal is now considering the issue of whether the Lower court i.e Rivers State High Court has the Jurisdiction to entertain the matter as to whether the term of office of a members of state house of assembly has ceased or become vacant.

"The Court vested with Jurisdiction to entertain the suit of Hon. Oko Jumbo and others is the Federal High Court and not the State High Court".

The trial court lacked the jurisdiction to hear the suit filed by the Respondent "

"The consequent upon the foregoing, the order of the trial court having been made without Jurisdiction is of no effect and is hereby declared null and void"

The Court of Appeal has vacated the order of Hon. Justice C.N Wali.

phantom:
The Notice of Preliminary Objections filed by Hon. Victor Oko Jumbo, Hon. Sokari Goodboy Sokari, Hon. Adolphus Timothy and Governor of Rivers State being the 1st, 2nd, 3rd and 4th Respondents challenging the Appeal of Hon. Martin Chike Amaewhule and 24 others have been dismissed for lacking in merit.


The Notice of Preliminary Objections filed by Hon. Victor Oko Jumbo, Hon. Sokari Goodboy Sokari, Hon. Adolphus Timothy and Governor of Rivers State being the 1st, 2nd, 3rd and 4th Respondents challenging the Appeal of Hon. Martin Chike Amaewhule and 24 others have been dismissed for lacking in merit.

Issue 1: Record of Appeal is not invalidated. Therefore, the appeal has life.

Issue 3: The Appeal Court has jurisdiction to entertain the matter.

Issue 2: The Hon. Martins Amaewhule's led RSHA members have the right of appeal as their constitutional right and can not be taken away from them.

The Court of Appeal is now considering the issue of whether the Lower court i.e Rivers State High Court has the Jurisdiction to entertain the matter as to whether the term of office of a members of state house of assembly has ceased or become vacant.

"The Court vested with Jurisdiction to entertain the suit of Hon. Oko Jumbo and others is the Federal High Court and not the State High Court".

The trial court lacked the jurisdiction to hear the suit filed by the Respondent "

"The consequent upon the foregoing, the order of the trial court having been made without Jurisdiction is of no effect and is hereby declared null and void"

The Court of Appeal has vacated the order of Hon. Justice C.N Wali.

Easily predictable

"From the foregoing, it is of the view of the learned judges that there was no contention on the speakership of Rt. Hon. Martins Amaewule from the records, and therefore, remains the speaker"

~Court of Appeal

Eteka1:
the only evidence to prove beyond
reasonable doubt that someone has actually left his/her political party is a letter of resignation addressed to his/her ward Chairman. And the only evidence to prove beyond reasonable doubt that he/she has joined a new political party is the presence of his/her name in the membership register of the new political party. Any other arguments won't hold water by law.

Why are you bothering yourself with an explanation to someone who is completely bereft of common sense. He had umbrella over his head when it was raining common sense. You can't explain enough as his skull is impervious to reasoning.

Eteka1:
the only evidence to prove beyond
reasonable doubt that someone has actually left his/her political party is a letter of resignation addressed to his/her ward Chairman. And the only evidence to prove beyond reasonable doubt that he/she has joined a new political party is the presence of his/her name in the membership register of the new political party. Any other arguments won't hold water by law.

Can you cite examples of where letter of resignation and membership register has been used to justify defection? You guys are shameless enemies of democracy. Go and read section 109

phantom:
The Notice of Preliminary Objections filed by Hon. Victor Oko Jumbo, Hon. Sokari Goodboy Sokari, Hon. Adolphus Timothy and Governor of Rivers State being the 1st, 2nd, 3rd and 4th Respondents challenging the Appeal of Hon. Martin Chike Amaewhule and 24 others have been dismissed for lacking in merit.


The Notice of Preliminary Objections filed by Hon. Victor Oko Jumbo, Hon. Sokari Goodboy Sokari, Hon. Adolphus Timothy and Governor of Rivers State being the 1st, 2nd, 3rd and 4th Respondents challenging the Appeal of Hon. Martin Chike Amaewhule and 24 others have been dismissed for lacking in merit.

Issue 1: Record of Appeal is not invalidated. Therefore, the appeal has life.

Issue 3: The Appeal Court has jurisdiction to entertain the matter.

Issue 2: The Hon. Martins Amaewhule's led RSHA members have the right of appeal as their constitutional right and can not be taken away from them.

The Court of Appeal is now considering the issue of whether the Lower court i.e Rivers State High Court has the Jurisdiction to entertain the matter as to whether the term of office of a members of state house of assembly has ceased or become vacant.

"The Court vested with Jurisdiction to entertain the suit of Hon. Oko Jumbo and others is the Federal High Court and not the State High Court".

The trial court lacked the jurisdiction to hear the suit filed by the Respondent "

"The consequent upon the foregoing, the order of the trial court having been made without Jurisdiction is of no effect and is hereby declared null and void"

The Court of Appeal has vacated the order of Hon. Justice C.N Wali.

Lol. I agree with that though. That's what the constitution says.

Ojuntana:
Lol. I agree with that though. That's what the constitution says.

Very true

phantom:
Very true

Though there's this legal opinion that it was a mistake and it was the state high court that was intended to have the jurisdiction. But what is written is what is written.

Ojuntana:
Though there's this legal opinion that it was a mistake and it was the state high court that was intended to have the jurisdiction. But what is written is what is written.

Well, when I looked at the constitution it said FHC had jurisdiction but then if so the judge of the SHC should have refused hearing the matter.

But this ruling was made on jurisdiction. It means the matter of their defection can be pursued in a separate suit.

And more importantly, a separate SHC has expunged the local govt tenure extension law which was fubaras main aim.

Shame on those quack lawyers on arise tv

phantom:
Well, when I looked at the constitution it said FHC had jurisdiction but then if so the judge of the SHC should have refused hearing the matter.

Yeah that's what it says, it seems a typo because it appeared under the section of jurisdiction for state high courts which is why there's the opinion that it was state courts that was intended. Though that will be an anomaly because constitutional matters are supposed to be heard by federal High Court

The judge gave an injunction pending the full hearing. The Amaewhule guys quickly ran to the appeal court to shutdown further hearing of the case in the state Court so the state Court did not give a ruling per se.
That said, I expect by now Fubara has a federal judge ready to declare their seats vacant but I think he wants to see how the appeal court will rule so as to know the grounds to cover. That's my thinking though. I'm not privy to his plans. But it was easy to see that the appeal court will rule against the injunction from start. So let's see how the game goes. But it is by no means over

phantom:
But this ruling was made on jurisdiction. It means the matter of their defection can be pursued in a separate suit.

And more importantly, a separate SHC has expunged the local govt tenure extension law which was fubaras main aim.

Exactly!!

phantom:
All these kids on nairaland sef.. 😂.. when i joined nairaland, you were likely on pampers ... 🤦🏾‍♂️😂

ok

Ojuntana:
Yeah that's what it says, it seems a typo because it appeared under the section of jurisdiction for state high courts which is why there's the opinion that it was state courts that was intended. Though that will be an anomaly because constitutional matters are supposed to be heard by federal High Court

The judge gave an injunction pending the full hearing. The Amaewhule guys quickly ran to the appeal court to shutdown further hearing of the case in the state Court so the state Court did not give a ruling per se.
That said, I expect by now Fubara has a federal judge ready to declare their seats vacant but I think he wants to see how the appeal court will rule so as to know the grounds to cover. That's my thinking though. I'm not privy to his plans. But it was easy to see that the appeal court will rule against the injunction from start. So let's see how the game goes. But it is by no means over

So the case at the FHC continues... 😂

phantom:
All these kids on nairaland sef.. 😂.. when i joined nairaland, you were likely on pampers ... 🤦🏾‍♂️😂

Tell them! ! 19 years in this nairaland chamber no easy . We elders of this assembly salutes you . 😁

phantom:
Pure nonsense! The first step of a defection is reading the defection letters on the floor of the house which their is video evidence of. That is how other defections start...party deletion of names from registers and subsequent party registration DO NOT HAPPEN OVERNIGHT.

Chief, how market?😂
When a court without jurisdiction held that their seats were vacant, you celebrated.
If you understand our law on evidence, you will concur with what the gentleman said above.

phantom:
So the case at the FHC continues... 😂

I don't speak on these issues as a layman but a lawyer even though litigation is not my forte.
The Appeal Court just decided on an issue that goes to the root of the suit at the FHC.

Mind you, Justice Omotosho's ruling (FHC) on the same issue which recognised Amawhule's group was subsisting until a court (SHC) without jurisdiction did abracadabra. I laughed when I saw that.

ZIAZI:
Chief, how market?😂
When a court without jurisdiction held that their seats were vacant, you celebrated.
If you understand our law on evidence, you will concur with what the gentleman said above.

We are talking jurisdiction so why are you bringing evidence when it's obvious the main issue of defection hasn't been heard by any Court.
Omotosho gave an injunction against their seats being declared vacant right? So fubara still has to prove their defection in court.