A judgment by Rivers State High Court on Monday validating the PDP membership of the 27 state lawmakers loyal to the Minister of FCT, Nyesom Wike has added a new twist to the legal battle between Governor Siminalayi Fubara and his estranged godfather, former Governor Nyesom Wike.
In solidarity with the Minister of Federal Capital Territory, Martin Amaewhule, the speaker of Rivers State House of Assembly and 26 other members announced in December 2023 that they had dumped the People’s Democratic Party, PDP, and defected to the All Progressives Congress, APC.
Consequently, the lawmakers loyal to Governor Fubara immediately declared their seats vacant citing the legal interpretation of Human rights lawyer, Femi Falana, SAN. Similarly, a Rivers State High Court in Port Harcourt, ruled that the defected lawmakers should stop parading themselves as members of the Rivers State House of Assembly.
However, the Rivers State High Court, in a judgement on Monday, 10th of June, validated the PDP membership of the 26 lawmakers led by Rt. Hon. Martin Amaewhule, who some had thought had lost their seats for dumping the platform under which they were voted and became state legislators.
Striking out the suit filed by Wosa Amadi and three others seeking to declare their seats vacant following their alleged defection to the APC, ruled that there were no evidence that they defected. The court noted that online publications and media announcements are not enough proof.
The court also noted that before an individual can be addressed to be a member of a certain political party, the person must be a registered member of the party and have a membership card, and also fulfill other requirements. However, the court said nothing of such was proven in this case.
27 lawmakers seat still vacant
Hours after the Rivers State High Court ruled that the pro-Wike lawmakers are still members of the PDP, members of the G-60 in the House of Representatives and the Coalition for Justice and Accountability (CJA) in a statement called on the the National Judicial Council’s intervention in the court verdict validating their PDP membership.
The G-60 lawmakers and the CJA said the pro-Wike lawmakers seat had been vacant since they announced their defection to the APC. They said they were surprised that “court somewhere is now saying that they are still PDP members even when the Judge is truly aware that there’s an affidavit backing up their decampment.”
Rivers government reacts
The Attorney-General and Commissioner for Justice in Rivers State, Mr Dagogo Iboroma, reacted, “As Hon. Attorney General and Commissioner for Justice and 3rd defendant in SUIT NO DHC/20/CS/2024, my attention has been drawn to a recent judgment. This suit did not seek to declare the seat of Martins Amaewhule and 26 others in the Rivers State House of Assembly vacant.”
Offering explanations as to why the suit filed by Wosa Amadi and three others was stuck out, Iboroma 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.”
‘Fresh trouble for Fubara’
Analysts say the court verdict stating that the pro-Wike lawmakers are members of the PDP has set in a fresh trouble for Fubara. They say the governor will have to tread carefully; if not, the aggrieved lawmakers may impeach him. They, however, urge the pro-Wike and Fubara groups to spread an olive branch for the good of the Rivers people.
