A Rivers State High Court sitting in Port Harcourt and presided over by Justice Okogbule Gbasam on Monday, June 10, 2024, ruled that the Speaker of the State House of Assembly, Martin Amaewhule and 26 other Lawmakers are in the eyes of the law, still members of the Peoples Democratic Party, PDP, despite their earlier public declaration of defection.
The 27 Legislators had in the wake of the political disagreement between the Federal Capital Territory, FCT, Minister, and Governor Sim Fubara announced their resignation and subsequent defection from the PDP to the All Progressive Congress, APC .
Their defection was one of the direct fallouts from their failed speculated impeachment plot against Governor Fubara, a development which also led to the torching of a section of the Assembly Complex and other parts vandalized by supporters of both parties.
Justice Gbasam while ruling on an application seeking to declare the seats of the defected Lawmakers vacant which, also, has the PDP as an applicant, noted that the applicants failed to substantiate their claims that the defected lawmakers are now members of the APC.
He maintained that the applicants failed to prove that the names of the defected lawmakers are not still contained in the PDP membership register and/or that they are no longer having in their possessions the PDP membership cards.
The Judge insisted that what defines membership and/or non membership of a party is not an open declaration ,but party membership register and card.
He, therefore, ruled that the applicants having failed to establish that the names of the 27 legislators are no longer in the PDP register, they remain members of the party .
The Source reports that another Rivers State High Court had on May 30, declared the Lawmakers’ seats vacant on account of their defection from the PDP to the APC.
The Court had also ordered the Speaker of the House of Assembly Amaewfule to stop parading himself as such .
It further directed that Governor Fubara should stop accepting any correspondences from the 27 defected Lawmakers pending the hearing and determination of a motion on notice before the court .
