The Rivers State Attorney-General and Commissioner for Justice, Dagogo Iboroma, a Senior Advocate of Nigeria, (SAN), has explained that the State High Court in the State did not declare that Martin Amaewhule and 26 others are still members of the Peoples Democratic Party, (PDP), and the State House of Assembly.
Iboroma noted that the news that the court affirmed the lawmakers were still members of PDP and RSHA was misleading, stressing that the information is meant to deceive the public.
Iboroma, who is the 3rd defendant in the suit, in an issued statement in Port-Harcourt, the State capital, explained that the suit in question did not seek to declare the seats of Martin Amaewhule and 26 others in State House of Assembly vacant, adding that the suit was struck-out on issues of jurisdiction.
He said: 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.
As you all know, Martins Amaewhule and 26 others defected from the Peoples Democratic Party to the All Progressives Congress on December, 11, 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 PDP, and also members of the Rivers State House of Assembly. This much was held by the trial court.
However, you will recall that there is a subsisting order of interlocutory injunction in Suit No. PHC/1512/CS/2024, restraining Martins Amaewhule and his co-travellers 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, he added.
He, however, urged the public to disregard the reports that Martins Amaewhule and 26 others have been declared as members of PDP and the Rivers State House of Assembly.
