A High Court sitting in Port Harcourt on Monday affirmed that Martin Amaewhule and the 26 other members of the State House of Assembly who are loyalists of former Governor Nyesom Wike are still members of the Peoples Democratic Party (PDP).
The 27 lawmakers had announced their decampment to the opposition All Progressives Congress, APC in December 2023.
Subsequently, there have been calls that their seats should be declared vacant because of their decampment from the platform on which they were elected into office.
The camp of Governor Fubara, which has been engaged in battle for control of political, has been most vociferous in the call for declaring their seats vacant.
Fubara, as leader of ths PDP in the state, had also disowned the lawmakers.
He is relating with a three -man assembly led by Hon Oko Jombo for the confirmation of his appointees and other necessary legislative imperativeness.
However, Justice Okogbule Gbasam of the Rivers State High Court on Monday said it could not be proved that Amaewhule and 26 other lawmakers had decamped to the All Progressives Congress (APC).
The suit was instituted by Hycenth Amadi & others with Martin Chike Amaewhule & 24 others, the Governor of Rivers State, the Attorney General of Rivers State and Rivers State House of Assembly as defendants.
The Judge ruled that the claimants had not been able to prove that the names of Amaewhule and the 26 other lawmakers were now in the membership register of APC.
The Court ruled that the party’s register or membership card, and not television ceremonies and or verbal statements, were the only acceptable proofs of party membership.
The Court also ruled that the Claimants had failed to prove that Martin Amaewhule and 24 others had defected to APC as alleged as the Court could not rely on newspaper and electronic media publications as enough evidence.
The 27 lawmakers are members of the PDP since their names are in the PDP’s membership register as provided by the party, the court ruled.
Furthermore, the judge ruled that the 25 members never lost their seats and everything they did were valid.
Consequently, it ordered that Governor Fubara must comply with all the laws passed by the lawmakers.
Federal High Court presided over Justice Kolawole Omotosho had pre viously ruled that Martin Amaewhule-led lawmakers loyal to Wike were still bonafide members of the Rivers House of Assembly. [TNG]