Parties In Rivers Assembly Court Case Give Different Interpretations To Judgement

By Ayodele Oni

There are discordant tunes over Monday’s judgement by a Rivers State High Court sitting in Port Harcourt which, dismissed the suit seeking to declare the seats of 25 Rivers House of Assembly Lawmakers opposing to Governor Similayi Fubara vacant.

The 25 Assembly members, who are loyal to FCT Minister, Nyesom Wike, had defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) in the heat of the political crisis in the oil rich state.

In their letter of defection read on the floor of the Assembly, on the 18th of December, 2023. They cited the division in their party and lack of interest of the PDP leadership in resolving the matter in Rivers State as the reason for their defection.

However, delivering judgement in the suit, today, 10th of June, Justice Okogbule Gbasam held that the lawmakers are still members of the PDP after he said the claimants failed to provide proof as required by law that the defendants are members of the APC.

The court held that defection from a political party cannot be proven through media reports, including newspaper articles, radio broadcasts, or online news stories, but rather requires more substantial evidence.

The court ruled that a lawmaker’s defection from a political party can only be established through official party records, specifically: the party membership register and a valid membership card in fulfillment of all membership requirements, as stipulated by the party.

“Any other means, including media reports, are insufficient to prove defection,” the judge ruled.

Recall that a Rivers State High Court sitting in Port Harcourt on Friday, May 30, declared the seats of the 25 lawmakers vacant pending the determination of a suit before it.

However, Rivers State Attorney-General and Commissioner for Justice, Mr Dagogo Israel Iboroma, SAN, said that there was no declaration to the effect that Martin Amaewhule and 26 others are members of the Peoples Democratic Party (PDP) and the Rivers State House of Assembly (RSHA).

Iboroma stated that there is already a misleading news in circulation on social and conventional media that Amaewhule and others are members of the PDP and RSHA, stressing that the information is meant to deceive the public.

The Rivers State Attorney-General, therefore, urged members of the public to disregard such news already making the rounds on social, print, and electronic media, emphasizing that the entirety of the news is not true and has no basis in law.

Addressing newsmen in Port Harcourt on Monday, the Rivers State, the Attorney-General said, as the 3rd defendant in Suit No. DHC/20/CS/2024, his attention was drawn to a recent judgment of the court to that effect.

But Iboroma explained that the suit in question did not seek to declare the seats of Martin Amaewhule and 26 others in Rivers State House of Assembly vacant.

Rather, 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 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 Hon. Justice Donatus Okorowo of the Federal High Court, Abuja Division. The Suit is still pending in Court.”

The Rivers State Attorney-General explained further: “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.”