The Rivers State Attorney General and Commissioner for Justice, Dagogo Iboroma (SAN), has condemned reports that the Rivers State High Court in Port Harcourt on Monday, declared that the Martin Amaewhuke-led 27 lawmakers of the Rivers State House of Assembly are still members of the Peoples Democratic Party, PDP.
The court determined that the 27 lawmakers, who are loyal to ex-governor Nyesom Wike, are still valid members of the Rivers State House of Assembly because there was no proof that they had defected from the PDP to the All Progressives Congress.
The lawsuit filed by Hyacinth Amadi and three other parties, seeking to declare the seats of the 27 MPs empty on the basis that they defected from the PDP to the APC, was dismissed by the court in a decision by Justice Okogbule Gbasam.
During the height of the conflict between Rivers State Governor Siminalayi Fubara and his estranged political godfather, Nyesom Wike, last year, the 17 lawmakers, led by Speaker Martin Amaewhule, declared their defection from the PDP to the APC.
The party membership record, a membership card, and the fulfilment of all membership requirements by the affected members are the only ways, the court ruled, that a defection may be proven.
However, reacting to the judgement, Iboroma said the judgement could not be true because, according to him, the Rivers State High Court lacked the jurisdiction to entertain the case.
Iboroma said, “As the Honourable Attorney General and Commissioner for Justice and the 3rd defendant in Suit No. DHC/20/CS/2024, my attention has been drawn to a recent judgement.
“This suit did not seek to declare the seats of Martins Amaewhule and 26 others in the Rivers State House of Assembly vacant.
“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.
“There is misleading news circulating in social media, print, and electronic media that Martins Amaewhule and 26 others are members of the Peoples Democratic Party and the Rivers State House of Assembly.
“As you all know, Martins Amaewhule and 26 others defected from the Peoples 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 Honourable 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 the 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/512/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 to date.
“We urge the public to disregard the news presently making the rounds in social, print, and electronic media to the effect that Martins Amaewhule and 26 others have been declared members of the Peoples Democratic Party and the Rivers State House of Assembly.”
