Justice Okogbule Gbasam of the Rivers State High Court, in his judgement in Port Harcourt on Monday, held that the claimants failed to prove that Amaewhule and 26 other lawmakers, had defected to the All Progressives Congress (APC).
He further held that the membership of a party is only proven by being listed on the party’s register, or by membership card, adding that television ceremonies and or verbal statements, were not enough to show the same.
The Peoples Democratic Party (PDP) had filed a motion to be joined in the case, and was added as the fourth defendant.
According to Justice Gbasam, the Rivers state government is bound to obey all laws passed by the Assembly, as they are still members of the PDP hence, their names are still in the PDP’s membership register as provided by 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.
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Meanwhile, a civil society organization under the aegis of Coalition for Justice and Accountability, (CJA), has written a petition to the National Judicial Council, demanding an immediate probe into the circumstances surrounding Monday’s judgment by a Rivers State High Court, which reinstated the 27 pro-Wike lawmakers into the Rivers State House of Assembly.
President of the group, Comrade Dada Segun Akin, faulted the judgement of the court that ordered the 27 lawmakers to return to the Rivers State House of Assembly.
In a statement shortly after the judgent was delivered on Monday, the Coalition stated, “We are shocked that the judge arrived at the conclusion that the defected members were still members of the PDP when the members themselves stated reasons for their defection.
“We call on the National Judicial Commission (NJC) to immediately wade into this issue at the Rivers State High Court, Degema, because the judgment will cause further damage to the already battered image of the judiciary”, the coalition said.
The coalition therefore condemned in strong terms the judgment delivered by a Rivers State High Court, which ruled that, the 27 members of the Rivers State House of Assembly who defected from the PDP to APC, are still members of the PDP and Rivers State House of Assembly.
The group insisted that the judgment can only be celebrated by enemies of the judiciary, Rivers state and Nigeria.
Recall that in line with constitutional provision that a legislator who defects should vacate his seat, a Rivers State High Court had restrained the defected lawmakers from parading as members of the Rivers State House of Assembly.
With the restraining order, Hon Victor Oko-Jumbo was elected as Speaker of the Rivers State House of Assembly.
However, the coalition noted that in a judgement delivered by a Rivers State High Court, the judge after striking out the suit based on the preliminary objection went into the merit and held that the defected members are still members of the PDP.
“In the letter of defection submitted by Martins Amaewhule and 25 others on the floor of the Rivers State House of Assembly on December 18th, 2023, the members cited division in the PDP as the reason for their defection.
“Same evidence were placed before the court, and the judge still went ahead to rule that the defected members are still PDP members, and therefore still members of the Rivers State House of Assembly” Comrade Segun Akin stated.
The coalition said it had revealed and warned of the plot to get favourable judgment and return the pro-Wike lawmakers to the House last week.
“It is unfortunate that this sad day for our judiciary is before us.
“We however wish to state that, the judgment is unacceptable and the matter must be pursued by the plaintiffs to a logical conclusion, Akin said.
Recall that in December 2023, PDP members of the Rivers State House of Assembly numbering 27and led by the then Speaker, Martin Amawhule, had announced their defection from the Peoples Democratic Party to the All Progressives Congress.
