Rivers Assembly: Chief Judge reassigns Pro-Wike lawmakers’ defection case to another Judge

EMMANUEL NLEWEDUM, Port Harcourt

The Chief Judge of the Federal High Court Abuja, Justice John Tsoho has reassigned the suit instituted by the Boot Party challenging the defection of 25 members of the Rivers State House of Assembly, led by Martin Amaewhule from the People’s Democratic Party (PDP) to the All Progressives Congress (APC) to another Judge at the Federal High court sitting in Port Harcourt.

The former trial judge, Justice Stephen Dalong Pam had in the last sitting on Monday when the matter came up informed the counsels in the matter, written a petition for stay of proceedings by his court to the Chief Judge of the FHC Abuja, but after an intensive deliberations from the legal representations on the matter, the court ruled to continue on the matter since the petitioner was deemed not to have been before the court since he hadn’t filed any response to the court.

However, both the legal representatives and various litigants who appeared at Court 4 on Friday June 28, 2024 were shocked when the Registrar informed them that the matter has been reassigned to Court 2.

The Chief Judge transferred the case from Federal High Court 4, Port Harcourt, presided over by Justice Stephen Dalyop-Pam, to Court 2 being handled by Justice E. O. Obele, following a petition by a defendant in the matter, and embattled Speaker of the pro-Wike lawmakers, Rt. Hon. Martin Amaewhule, to the Chief Judge of the Federal High Court, Justice John Tsoho, demanding that the cases be stopped pending the position of court of appeal on the same subject matter.

At the resumption of the suit at the new assigned court, the day proceedings was not without drama as the court was thrown into confusion following the contention by two Senior Advocates of Nigeria (SAN) laying claims to be the authentic legal representation of PDP who are seeking for joinder in the matter.
Mr Joshua Musa, SAN informed the court that he was directed by the State Legal Adviser to represent the party, making reference to judgment a Federal High Court involving Ambassador Desmond Akawo, adding that the State Legal Adviser has the power to appoint legal representative of the party at the state level.

Mr Rashq Gold, SAN, in his own submission told the court that he was briefed by the National Legal Adviser to stand in for the party and that the same Federal High Court Judge been referred to by the state legal representative had in another case interpreted the constitution of the party in favour of the national legal adviser of PDP, where the court held that it is only the national legal adviser of the party that can instruct, defend and represent the party in any legal matter.

Presiding Judge, Justice E. O. Obele thereafter, adjourned the matter to July 17th, 2024 to commence hearing and directed two counsels for PDP to resolve their issues internally before returning to the court.

Speaking to newsmen outside the courtroom, Rashq Gold who represented the PDP’s National legal Adviser, narrated what transpired in court, stating what the position of the law is on issue of representative.

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