The River State High Court sitting in Port Harcourt, the state capital, has held that the 27 lawmakers loyal to the Federal Capital Territory (FCT) Minister, Nyesom Wike, have not forfeited their seats in the State House of Assembly, having not left the Peoples Democratic Party (PDP) for another political party.
Giving the judgement on Monday, Justice Okogbule Gbasam of the Rivers State High Court, held that the claimants – Hyacinth Amadi, Godspower Obuah, and Tonye Darius – failed to prove that Amaewhule and 26 other lawmakers, had defected to the All Progressives Congress (APC).
Justice Gbasam further held that membership of a party is only proven by being listed on the party’s register, or by membership card, adding that television ceremonies and or verbal statements, were not enough to show the same.
The PDP had filed a motion to be joined in the case, and was added as the fourth defendant.
The PDP members told the court that the 27 lawmakers were still its members.
Justice Gbasam further held that the Rivers state government is bound to obey all laws passed by the Assembly, as they are still members of the PDP hence, their names are still in the PDP’s membership register as provided by the party.
But the Rivers State Attorney-General and Commissioner for Justice, Dagogo Iboroma, has said that the State High Court in the state did not declare that Martin Amaewhule and 26 others are still members of the PDP and State House of Assembly(RSHA).
He explained that a federal high court would determine the fate of the 27 pro – Wike lawmakers – whether they are still members of PDP or Rivers State House of Assembly or both.
Iboroma said that the reports that the court affirmed the lawmakers were still members of PDP and RSHA were misrepresentation or misleading.
In a statement issued shortly after the court proceeding, Iboroma said, as the 3rd defendant in the suit Suit No. DHC/20/CS/2024, the matter in question did not pray for the seats of Martin Amaewhule and 26 others in Rivers State House of Assembly be declared vacant.
The Senior Advocate of Nigeria (SAN) explained that the suit was struck out on ground of jurisdiction.
Iboroma, however, urged the public to disregard the reports that Martins Amaewhule and 26 others have been declared as members of PDP and the Rivers State House of Assembly.
He said: “The suit of the claimants was struck out for want of locus standi and jurisdiction and also for being an abuse of court process which robbed the trial court of jurisdiction to adjudicate on the matter.
“As you all know, Martins Amaewhule and 26 others defected from the People’s Democratic Party to the All Progressives Congress on the 11th Day of December, 2023, and stated that much in affidavit evidence deposed to by Martins Amaewhule for himself and on behalf of 26 others in Suit No.
FHC/ABJ/1681/CS/2023 before Hon. Justice Donatus Okorowo of the Federal High Court, Abuja Division. The Suit is still pending in court.
“By Section 272(3) of the 1999 Constitution as amended, it is only the Federal High Court that can determine whether Martins Amaewhule and 26 others are still members of Peoples Democratic Party and also members of the Rivers State House of Assembly. This much was held by the trial court.
“However, you will recall that there is a subsisting order of interlocutory injunction in Suit No.
PHC/1512/CS/2024, restraining Martins Amaewhule and his co-travellers from further parading or presenting themselves as lawmakers in Rivers State pending the determination of the substantive suit, which has not been appealed against till date,” he added.
