COURTROOM NEWS 11/06/2024
Court Dismisses Suit To Unseat 25 Cross-Party Defectors In Rivers Assembly
A Rivers State High Court has declared that Martin Amaewhuke led 27 lawmakers of the Rivers State House of Assembly are still members of the Peoples’ Democratic Party.
The Court, in a ruling on Monday, struck out a suit filed by Wosa Amadi and three others seeking to declare the seats of the 27 lawmakers vacant following their defection to the All Progressives Congress in December 2023.
In his judgement, the Presiding Judge, Justice Okogbule Gbasam, ruled that Martin Amaewhule and the 26 other lawmakers are still members of the PDP.
Interestingly, the PDP had filed a motion to be joined in the case, and was added as the fourth defendant.
Justice Gbasam also ruled that the claimants failed to prove to the court that the 27 lawmakers truly defected to the APC, noting that the said defection cannot be established through Newspaper publications, Radio announcements or online publications.
According to the court, a defection can only be established through the party membership register, a membership card and such members fulfilling all requirements of their membership in the party.
He further posited that the state government is bound by the laws made by the Assembly, as they are still members of the PDP, and as such, haven’t lost their seats.
Recall that a Rivers State High Court sitting in Port Harcourt on Friday, May 30, declared the seats of the 25 lawmakers, who defected from the Peoples Democratic Party, PDP, to the All Progressives Congress, APC, vacant pending the determination of a suit before it.
The court, however, ordered the Rt. Hon. Martin Amaewhule, to stop parading as the Speaker of the Rivers State House of Assembly and barred the 24 lawmakers, who are all Anti-Siminalayi Fubara, the governor of the state, from posing as lawmakers in the state.