Rivers State House of Assembly Speaker Martins Amaewhule and 26 other lawmakers are still members of the People Democratic Party (PDP), a state High Court sitting in Port-Harcourt ruled yesterday.
Delivering judgment in a case seeking to declare the seats of the 27 lawmakers vacant Justice Okogbule Gbasam held that the plaintiffs – Hyacinth Amadi, Godspower Obuah, and Tonye Darius – failed to prove that the defendant had defected to the All-Progressives Congress (APC).
After the case was filed, the People’s Democratic Party (PDP), Rivers State chapter sought to be joined in the suite. This was accepted by the court.
The party was added as the fourth defendant.
The PDP told the court that the 27 lawmakers were its members.
The judge held that membership of a party is only proven by being listed on the party’s register and by membership card, stressing that televised declarations and verbal statements are not evidence of defection.
Justice Gbasam further held that the state government is bound to obey all laws passed by the House of Assembly as the members of the PDP, noting that their names are still on the party’s membership register.
He also ruled that the state government is bound by the laws made by the House of Assembly because as PDP members, the lawmakers have not lost their seats.
But, Rivers State government faulted the judgment, saying that the verdict is misleading.
The Attorney-General and Commissioner for Justice, Dagogo Israel Iboroma (SAN), said the suit before the court did not seek to declare the seats of Amaewhule and his 26 colleagues vacant.
He said the report insinuating that the 27 lawmakers are still PDP members was orchestrated to deceive the public.
He urged members of the public to disregard the report, insisting that it had no basis in law.
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 PDP to the APC 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 PDP 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.
“We urge the public to disregard the news presently making rounds in social, print and electronic media to the effect that Martins Amaewhule and 26 others have been declared as members of the PDP and the Rivers State House of Assembly”
Council chairmen won’t vacate office on June 17, says Lloyd
He also said the judgment meant that the extention of the tenure of the council chairmen by the Amaewhule-led Assembly would stay.
He said: “The judgment was delivered today (yesterday). So, only the state government cannot be right. Lawyers, parties were in court to hear the judgment. The attorney-general dismissed the judgment of the court of competent jurisdiction as rumour, let’s see how far it goes.
“Press briefings cannot substitute appeal. When the judgment does not come in your favour, the best thing to do is to appeal”.
Lloyd added: “The court gave judgment and said that at all material times, Martins Amaewhule is the Speaker and that the Oko Jumbo and two others, who were suspended members of the Assembly cannot constitute the business of the House. Those are the snippets of the judgment.
“The PDP joined the matter. The PDP asked to be joined by the court and the court joined the PDP. The PDP said it was not aware that the fellows left the party”.
Lloyd said the court declaration was in order, adding that the complainants failed to provide tangible evidence to show that the lawmakers really defected from the PDP to the APC.
He stressed: “That is the difference in law. Rasing the flag of a party does not make you a member of the party. If Nigeria is playing against Cameron and South Africans raise the flag of Nigeria, does that confer citizenship on the South Africans?
“The law is not done with emotion. The way to prove membership of a political party is that your name must be inscribed in the register and that you must carry a card. Those who went to court were unable to tell the court that. The lawmakers did not take further steps after verbally declaring they were members of the APC”.
Lloyd said the ruling that the government must obey all the laws passed by the Martins Amaewhule-led Assembly meant that local government chairmen would not vacate office on Monday, following the tenure elongation law passed by the Assembly.
He said: “The judge went further to say because Martins Amaewhule had not vacated his seat, that any law passed by them must be obeyed by the Rivers State Government.
“What it means that the local government amendment Law which is one of the laws passed by the assembly must be obeyed by the government and I am also to obey it by staying in office after June 17. No Jupiter will stop it”.