Rivers: 27 Pro-Wike lawmakers suffer setback in suit seeking to sack them from Assembly

Emmanuel Nlewedum, Port Harcourt

The 27 embattled members of the Rivers State House of Assembly members, led by Martin Amaewhule, who defected from the Peoples Democratic Party PDP to the All Progressives Congress APC, on Monday suffered a setback in their bid to stall a lawsuit seeking to expel them from the House.

The BOOT Party, has approached a Federal High Court in Port Harcourt in a suit marked FHC/PHC/269/2024 to declare the seats of Martin Amaewhule and 26 others vacant, following their defection to the All Progressives Congress, as well as to compel the INEC to conduct elections to fill the vacant seats.

The suit is also praying the court to make a declaration, directing the Rivers State Government not to have any dealings with the lawmakers loyal to the Minister of the Federal Capital Territory, Nyesom Wike.

Counsel for the embattled lawmakers, Chief Ferdinand Orbih (SAN), during the hearing Monday, drew the attention of the court to a petition authored by his client to the Chief Judge of Federal High Court, Justice John Tsoho, urging him to assign the suit to another judge.

Orbih, argued that the matter must be stalled pending the response of Chief Judge, Justice John Tsoho, to their petition.

In their reaction, counsels for the Peoples Democratic Party, PDP, the Rivers Government and others, urged the court to hear the matter, stating that they haven’t been served with the said petition, or any counter affidavits, stressing that Amaewhule and 26 others have not also filed their response to the suit.

Following the arguments of none service, the presiding Judge, Justice Stephen Daylopam, summoned the court’s bailiff for proof of service, but the bailiff was absent in court.

Earlier, Joshua Musa (SAN) and the National Legal Adviser of the Peoples Democratic Party PDP, Kamaldeen Ajibade (SAN) clashed in court over legal representation of the Peoples Democratic Party PDP,  while the party sought to join the suit.

While Musa explained that he had the mandate from officers of the party to make representation, Ajibade cited the PDP constitution, insisting that as the National Legal Adviser, he remains the rightful person to represent the party or mandate anybody to do so legally, stressing that he didn’t direct Musa to represent the party.

Justice Daylopam, however held that the issue of joinder, as well as who has the right to legally represent the party would be determined on the next adjourned date, before adjourning hearing till Friday, June 28, 2024.

Speaking to journalists outside the courtroom, National Legal Adviser of the PDP, Kamaldeen Ajibade insisted that the lawmakers actually defected from the party and that they are making moves to recover their mandate and seats.

Ajibade said, “The substance of the case has to do with the issue of defection of the members of Rivers State House of Assembly and there is no any other saying about it.

“They defected. And it’s the position of the party, PDP, that they actually defected and that PDP is seeking same to recover the seats back because they said they are in APC now. That’s just the essence of the matter.”