Court adjourns suit seeking to declare seats of 27 lawmakers vacant

A Federal High Court in Port Harcourt has adjourned the hearing of a suit filed by members of the Rivers State Civil Society Organisation seeking to sack 27 lawmakers of the State House of Assembly. The suit, filed by Wosa Amadi and three others, is challenging the lawmakers’ defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

The court was scheduled to hear the case on Friday, June 14, 2024, but the hearing was adjourned to June 3, 2024, due to the absence of Justice Stephen Daylop Pam. The plaintiffs are seeking an interpretation of Section 109 of the 1999 Constitution, which deals with the consequences of lawmakers’ defection from their political party.

The 27 lawmakers, led by Speaker Martins Amaewhule, defected from the PDP to the APC in December 2023, amidst a political crisis between the Rivers State Governor, Siminalayi Fubara, and his predecessor, Nyesom Wike. The plaintiffs argue that the defection violates the Constitution and that the lawmakers should lose their seats in the Assembly.

The Rivers State Government, through the Attorney-General and Commissioner for Justice, Dagogo Israel Iboroma, has denied reports that the court declared the 27 lawmakers as members of the PDP. Iboroma stated that the suit did not seek to declare the seats of Amaewhule and 26 others vacant, and the court’s ruling was based on issues of jurisdiction and locus standi.

The Appeal Court in Port Harcourt has also ordered the parties to maintain the status quo in the case, pending the determination of the substantive suit. The court is expected to deliver a ruling on the matter on June 20, 2024.