Reports that Martin Amaewhule and twenty-six other people, who are members of the Peoples Democratic Party (PDP) and the Rivers State House of Assembly, were upheld by a Port Harcourt High Court have been denied by Dagogo Iboroma, SAN, the Commissioner for Justice and Attorney General of Rivers State.
Iboroma made it clear during a Port Harcourt press conference that the lawsuit, DHC/20/CS/204, did not aim to declare their seats vacant. He clarified that the trial court’s jurisdiction to decide the issue was taken away from it due to abuse of the legal system, lack of locus standi, and jurisdiction.
On December 11, 2023, Iboroma said that Martin Amaewhule, the speaker of the MPs supporting Nyesom Wike, and his 26 colleagues left the Progressive Democratic Party (PDP) to join the opposition All Progressives Congress (APC). He claims that an affidavit that Amaewhule deposed to on behalf of himself and his associates in suit number FHC/ABJ/1681/CS/2023 before Justice Donatus Okorowo of the Federal High Court in Abuja documents the defection.
The Federal High Court is currently considering the lawsuit that produced Amaewhule’s affidavit, according to the Rivers State Attorney General. He contended that the Federal High Court alone has the jurisdiction to decide whether the legislators are still members of the PDP and the Rivers State House of Assembly in accordance with Section 272(3) of the 1999 Constitution.
However, he insisted that, pending the outcome of the substantive suit, which he claimed has not been appealed against, Martin Amaewhule and his 26 colleagues are prohibited from serving as lawmakers in Rivers State by a substituting order of interlocutory injunction found in suit number PHC/1512/CS/2024. Therefore, he pleaded with the public to ignore rumors that Martin Amaewhule and twenty-six other people had been confirmed as members of the Rivers State House of Assembly and the Peoples Democratic Party.
Amaewhule and the other 26 members of the Rivers State House of Assembly were previously confirmed as PDP members by a Rivers State High Court in Port Harcourt. Judge Okogbule Gbasam of the Rivers State High Court rendered a decision in Port Harcourt earlier on Monday. According to the ruling, the claimants were unable to provide evidence that Amaewhule and the other members had defected to the All Progressives Congress (APC).
Justice Gbasam further held that verbal declarations and/or television ceremonies were insufficient to demonstrate a party’s membership, as membership may only be verified by being included on the party’s membership card or register. It’s interesting to note that the PDP was added as the fourth defendant after filing a move to join the action.
Judge Gbasam further held that as the individuals in question are still PDP members and their names are still listed in the party’s membership register, the Rivers State administration is required to abide by all legislation approved by the Assembly. Furthermore, he asserted that as the Assembly’s members are still PDP members and have not lost their seats, the state administration is obliged by the laws passed by the Assembly.
