The Federal High Court in Port Harcourt has scheduled March 18, 2024, to hear a lawsuit aimed at unseating 27 members of the legislature who defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
These lawmakers, led by Speaker Martin Amaewhule, switched allegiance from the PDP to the APC during the height of the political tension between former Rivers State Governor Nyesom Wike and the incumbent governor, Siminalayi Fubara.
The lawsuit, brought forth by the Rivers State Civil Society Organisations, argues that according to Section 109 of the 1999 Constitution, these legislators must forfeit their seats in the Assembly for abandoning the party under which they were elected.
Initially set to be heard on Monday, the case was adjourned due to the presiding Judge, Justice Stephen Dalyop Pam’s absence for a judges’ conference. Consequently, the hearing was rescheduled for March 18.
In a related development, the Court of Appeal, Port Harcourt Division, granted a request by some Rivers elders, led by Chief Arabs Sara-Igbe and nine others, to serve court papers to the leader of the pro-Wike lawmakers through substituted means.
These elders seek to challenge resolutions reached at a December meeting in Abuja, chaired by President Bola Tinubu, between Governor Fubara, Governor Wike, and their legal representatives, regarding the political crisis.
They argue that Tinubu’s involvement in the dispute between Wike and Fubara was unconstitutional and are seeking to annul the resolutions made during the meeting.
One of the resolutions urged Fubara to recognize and present the 2024 budget to the pro-Wike lawmakers and to reinstate nine pro-Wike commissioners who had resigned during the crisis.
However, the Rivers elders contend that these resolutions favored Wike over Fubara and thus approached the Rivers State High Court to nullify them. Despite a dismissal of their suit on January 23, 2024, by Justice Chiwendu Nworgu for lack of jurisdiction, the plaintiffs have appealed the decision.
A three-member panel of the Court of Appeal, headed by Justice Oluwayemisi Daudu, granted an application for an expedited hearing and set a new hearing date for April 8, 2024.
