The leadership of the All Progressives Congress in Rivers State said, on Tuesday, that it was studying Monday judgment, which declared the Martin Amaewhule-led 27 members of the state House of Assembly members of the Peoples Democratic Party.
The Rivers APC Publicity Secretary, Chibuike Ikenga, said the party would take a position after receiving advise from its lawyers.
Speaking with The Reporters on Tuesday, Ikenga stated, “Well the decision of the court is what it is. Ours is to obey or appeal.
“But as we speak our leadership is looking at it and based on the advice from the legal department of our party we will take a position on it.”
Asked how soon that will happen, he said, “I think the process is on now. We are in stakeholders engagement so we will know the next line of action afterwards.”
A Rivers State High Court in Port Harcourt, had, on Monday, declared that the 27 lawmakers loyal to ex-governor Nyesom Wike are PDP members.
The court ruled that the 27 lawmakers were still valid members of the Rivers State House of Assembly because there was no proof that they had defected from the PDP to the All Progressives Congress.
The court, in a ruling by Justice Okogbule Gbasam, struck out the suit filed by Hyacinth Amadi and three others, seeking to declare the seats of the 27 lawmakers vacant on the grounds that they defected from the PDP to the APC.
The 27 lawmakers had last year announced their defection from the PDP to the APC at the height of the crisis between Rivers State Governor Siminalayi Fubara and his estranged political godfather, Nyesom Wike.
The Assembly also became factionalised following a failed attempt by the pro-Wike lawmakers to impeach Fubara in October last year.
But in his ruling on Monday, Justice Gbasam held that Amadi and others. seeking to declare the seats of the pro-Wike lawmakers vacant, failed to bring any concrete evidence to convince the court that the pro-Wike lawmakers had truly defected and deserved to lose their seats.
The judge ruled that 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.
But the Rivers State Attorney General and Commissioner for Justice, Dagogo Iboroma, (SAN), said the judgment could not be true because, according to him, the Rivers State High Court lacked the jurisdiction to entertain the case.
Iboroma said, “As the Honourable Attorney General and Commissioner for Justice and the 3rd defendant in the 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 Rivers State House of Assembly vacant.
“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.
“There is misleading news circulating in social media, print and electronic media that Martins Amaewhule and 26 others are members of the Peoples Democratic Party and the Rivers State House of Assembly.
“As you all know, Martins Amaewhule and 26 others defected from the Peoples Democratic Party to the All Progressives Congress on the 11th day of December 2023, and stated that much in affidavit evidence deposed to by Martins Amaewhule for himself and on behalf of 26 others in Suit No. FHC/ABJ/1681/CS/2023 before Honourable Justice Donatus Okorowo of the Federal High Court, Abuja Division.
“The Suit is still pending in court. By Section 272(3) of the 1999 Constitution, as amended, it is only the Federal High Court that can determine whether Martins Amaewhule and 26 others are still members of the Peoples Democratic Party and also members of the Rivers State House of Assembly. This much was held by the trial court.
“However, you will recall that there is a subsisting order of interlocutory injunction in Suit No. PHC/512/CS/2024 restraining Martins 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 to date.
