.AG dismisses ruling, says suit still pending

A Rivers State High Court sitting in Port Harcourt has affirmed that Martin Amaewhule and 26 other members of the Rivers State House of Assembly are still members of the Peoples Democratic Party (PDP).

The judgement was delivered, yesterday, in a case filed by Hyacinth Amadi, Godspower Obuah and Tonye Darius seeking to declare the seats of 27 lawmakers vacant.

The suit had Amaewhule and co as the 1st Defendant, the Rivers State House of Assembly and the State Attorney-General as the 2nd and 3rd Defendants, respectively.
However, the PDP had filed a motion to be joined in the suit and were added as the 4th Defendant.

Justice Okogbule Gbasam, the presiding judge, held that the claimants failed to prove that the defendants had actually defected to the All Progressives Congress (APC).

He further held that membership of a party is only proven by being listed on the party’s register or by membership card, and that television ceremonies and/or verbal statements are not enough to show the same.

Meanwhile, the Rivers Attorney General and Commissioner for Justice and third Defendant to the suit, Dagogo Israel Iboroma, yesterday, has advised the general public to disregard the story making the rounds that Amaewhule and 26 other members of the state Assembly, who defected to the APC, are still members of the PDP by a court ruling.

During a press briefing with journalists, yesterday, Iboroma explained that the suit did not seek to declare the seat of Amaewhule and 26 other members of the state Assembly vacant.

The statement reads: “The suit of the claimants was struck out for want of locus standi and jurisdiction, as well as for being an abuse of court process, which robbed the trial court of jurisdiction to adjudicate on the matter.

“There is misleading news circulating in social, print and electronic media that Martins Amaewhule and 26 others are members of the PDP and the Rivers State House of Assembly.

“As you all know, Amaewhule and 26 others defected from the PDP to APC on December 11, 2023, and stated that much in affidavit evidence deposed to by Amaewhule for himself and on behalf of 26 others in Suit No. FHC/ABJ/1681/CS/2023 before Justice Donatus Okorowo of the Federal High Court, Abuja Division. The Suit is still pending in court.”

Iboroma eluded the Section 272(3) of the 1999 Constitution, as amended, noting that it is only the Federal High Court that can determine whether Amaewhule and 26 others are still members of PDP and also members of the state Assembly. This much was held by the trial court.

He added: “You will recall that there is a subsisting order of interlocutory injunction in Suit No. PHC/512/CS/2024, restraining Amaewhule and his co-travelers 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.