The Rivers State Commissioner for Justice and Attorney General, Dagogo Iboroma, SAN, has refuted claims that a High Court in Port Harcourt confirmed Martin Amaewhule and 26 others as members of the Rivers State House of Assembly and the Peoples Democratic Party (PDP).
During a press briefing in Port Harcourt, Iboroma clarified that the suit, numbered DHC/20/CS/204, did not seek to declare their seats vacant. He explained that the case was dismissed due to lack of locus standi and jurisdiction, as well as abuse of court process, which deprived the trial court of jurisdiction to adjudicate the matter.
Iboroma asserted that Martin Amaewhule, who had been the speaker of the Pro-Nyesom Wike lawmakers, along with his 26 colleagues, defected from the PDP to the opposition All Progressives Congress (APC) on December 11, 2023.
He noted that this defection is documented in an affidavit deposed by Amaewhule on behalf of himself and his colleagues, in suit number FHC/ABJ/1681/CS/2023 before Justice Donatus Okorowo of the Federal High Court in Abuja.
The Rivers State Attorney General explained that the suit containing Amaewhule’s affidavit is still pending in the Federal High Court.
He argued that under Section 272(3) of the 1999 Constitution, only the Federal High Court has the authority to determine whether the lawmakers are still members of the PDP and the Rivers State House of Assembly.
He further noted that there is an existing order of interlocutory injunction in suit number PHC/1512/CS/2024, restraining Martin Amaewhule and his 26 colleagues from acting as lawmakers in Rivers State pending the determination of the substantive suit, which has not been appealed.
Therefore, he urged the public to disregard reports that Martin Amaewhule and the 26 others have been validated as members of the Peoples Democratic Party and the Rivers State House of Assembly.
Earlier, a Rivers State High Court in Port Harcourt had affirmed that Amaewhule and the 26 other members of the Rivers State House of Assembly are still members of the PDP. Delivering the judgment, Justice Okogbule Gbasam held that the claimants failed to prove that Amaewhule and the other lawmakers had defected to the All Progressives Congress (APC).
Justice Gbasam stated that membership in a party is proven by being listed on the party’s register or possessing a membership card, and that television ceremonies or verbal statements are insufficient to establish membership.
Interestingly, the PDP had filed a motion to be joined in the case and was added as the fourth defendant.
Justice Gbasam further ruled that the Rivers State government is obligated to adhere to all laws passed by the Assembly, as the lawmakers are still listed in the PDP’s membership register and are therefore still members of the PDP.
He emphasized that the state government must comply with the laws enacted by the Assembly, as the lawmakers remain members of the PDP and have not forfeited their seats.