A case brought by Hycent Wosa-Amadi and three other parties, seeking to declare the seats of 26 members of the Rivers State House of Assembly, including the Speaker, Martin Amaewhule, empty, was dismissed by a Rivers State High Court in Port Harcourt.
The Guardian reported that the action of the court was prompted by the decision of legislators to join the APC in December 2023.
Rejecting allegations that Martin Amaewhule and twenty-six other lawmakers had defected to the APC, presiding court Justice Okogbule Gbasam ruled in his decision that they are still PDP members.
According to Justice Gbasam, the plaintiffs were unable to persuade the court that Martin Amaewhule and the other 26 legislators had indeed defected to the APC, as they had alleged.
The court ruled that more substantive proof is necessary to indicate defection from a political party, as opposed to relying solely on media reporting such as newspaper articles, radio broadcasts, or internet news pieces.
The court decided that the only ways to prove a lawmaker’s departure from a political party are through official party documents, i.e., the party membership register and a legitimate membership card obtained after meeting all membership conditions set out by the party.
The judge said, “Any other means, including media reports, are insufficient to prove defection.”….Sée Móre