A Port Harcourt High Court, presided over by Justice Gbasam on Monday affirmed that Martin Amaewhule and the 26 other members of the Rivers State House of Assembly, are still members of the People’s Democratic Party (PDP).
This as the State Attorney General and Commissioner for Justice, Dagogo Iboroma a Senior Advocate of Nigeria, SAN, immediately urged the public to disregard the reports describing it as misleading.
Justice Gbasam further held that membership of a party is only proven by being listed on the party’s register.
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Delivering judgement on Suit No DHC/20/CS/2024, Justice Gbasam 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 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.
Justice Gbasam further held that the Rivers state government was bound to obey all laws passed by the Assembly, as they were still members of the PDP hence, their names are still in the PDP’s membership register as provided by the party.
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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.
But in a swift reaction, the Attorney General and Commissioner for Justice who is the 3rd defendant in the suit stated that the suit did not seek to declare the seat of Martins Amaewhule and 25 others in Rivers State House of Assembly vacant.
In a statement he issued on the judgement of Justice Gbasam, the Attorney General stated; “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”.
The Attorney General stated; “There is misleading news circulating in social media, print and electronic media that Martins Amaewhule & 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 Hon. 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 Peoples Democratic Party and also members of the Rivers State House of Assembly. This much was held by the trial court”.
The Commissioner went on; “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 till date.
“We urge the public to disregard the news presently making rounds in social, print and electronic media to the effect that Martins Amaewhule and 26 others have been declared as members of the Peoples Democratic Party and the Rivers State House of Assembly”.
Meanwhile, the PDP had filed a motion to be joined in the case, and was added as the fourth defendant.
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