Mr. Dagogo Iboroma, the Attorney-General and Commissioner for Justice in Rivers State, has dismissed reports circulating that a State High Court in Port Harcourt confirmed Martin Amaewhule and 26 other lawmakers as members of the People’s Democratic Party (PDP).
On Monday, news outlets reported that Justice Okogbule Gbasam of the State High Court ruled that the claimant failed to prove that Amaewhule and the other lawmakers had defected to the All Progressives Congress (APC). The reports also suggested that Justice Gbasam stated the Rivers State government must adhere to laws passed by the Assembly, as the lawmakers are still listed in the PDP’s membership register.
Iboroma, however, clarified that there was no such declaration by the court affirming the lawmakers’ membership in the PDP and that the information being spread is misleading. He urged the public to disregard the reports, emphasizing their lack of legal basis.
Addressing journalists in Port Harcourt, Iboroma explained that he, as the 3rd defendant in the matter (Suit No. DHC/20/CS/2024), reviewed the court’s recent judgment. He noted that the suit did not seek to declare the seats of Amaewhule and the others vacant. Instead, the court struck out the claimants’ suit for lack of locus standi and jurisdiction, as well as for being an abuse of court process, which prevented the trial court from adjudicating the matter.
Iboroma 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.”
He further explained that Amaewhule and the other lawmakers had defected from the PDP to the APC on December 11, 2023, as stated in affidavit evidence submitted in Suit No. FHC/ABJ/1681/CS/2023 before Hon. Justice Donatus Okorowo of the Federal High Court, Abuja Division. This suit is still pending.
According to Iboroma, “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.”
He also pointed out that there is an existing order of interlocutory injunction in Suit No. PHC/1512/CS/2024, which restrains Amaewhule and his colleagues from presenting themselves as lawmakers in Rivers State until the determination of the substantive suit. This order has not been appealed against.
Iboroma’s clarification aims to correct the public record and dispel any misinformation regarding the court’s ruling and the current legal status of Amaewhule and the 26 other lawmakers.