Elder statesman and leader of the Pan Niger Delta Forum (PANDEF) Chief Edwin Clark yesterday declared that the 27 Rivers State Assembly led by Hon Martins Amaehule dumped the Peoples Democratic Party (PDP) for the All Progressives Congress (APC) on December 11, 2023.
He added that they have since lost their seats as lawmakers in accordance with section 109 of the 1999 Constitution.
Clark in a statement said the lawmakers admitted this much in their originating summons.
The elder statesman said, on Monday December 11, 2023, Amaewhule and the 27 other members of the House publicly defected from PDP the political party that sponsored them to APC jubilating, singing APC songs and waving the flags leaving behind the PDP seats.
He said, “The former leader of the House, Edison Ehie announced that he is now the Speaker of the Rivers State House of Assembly because the constitution does not leave a vacuum if 11 members were to form a quorum, we saw no reason why 5 of them could not do it, and that made them to apply to the Rivers State High Court under the Lordship of Justice M.W. Danagogo, who approved their prayers and gave judgment to them including the Speakership of the Rivers State House of Assembly and directive to inform INEC of the defection and this was carried out with dispatch and the court proceedings are there for anybody to see.
“Meanwhile, Justice James Omotosho’s case still pending in the court and it was not officially informed of their defection from PDP to APC, an action which made them to lose their seats at the Rivers State House of Assembly, and immediately, they were no longer members of the House from 11th December, 2023 and the case in Justice Omotosho’s court died a natural death from that date till today.
“But the former Speaker of the Rivers State House of Assembly, Martins Amaewhule, and the 27 other members tried to play a fast one of not wanting to disclose to the Justice Omotosho’s court their defection from PDP to APC when they discovered that their defection to APC would not work in their favor.
“They tried to justify their defection by fraternizing with the leadership of APC under Chief Tony Okocha, when it was clear that disposing the case of Justice James Omotosho will affect their position. For reasons best known to them, they took another originating summon.
“But strangely and interestingly, the former Speaker, Martins Amaewhule, and his 27 other colleagues who defected and who are no longer members of the House in accordance with the 1999 constitution as amended in Section 109(1g) then went to another court, not through the ongoing case of Justice James Omotosho and sued INEC and other bodies in the court of Justice Donatus Okorowo on Monday 13th December, 2023 who cooperated with them including the court directing INEC not to take any further action as a result of the defection of the non existing plaintiffs.
“Thereafter, he earned a promotion to the Federal Court of Appeal. Then he handed over the case to Justice Peter Lifu who later abandoned the case and proceeded for his annual vacation. He returned to Abuja on the 29th of October, 2024 and went to court for the first time on the 30th October, 2024.
“But the plaintiffs headed by the former Speaker, Martins Amaewhule, who was also the number one plaintiff in the Justice James Omotosho’s court and other members sworn to an affidavit in Justice Donatus Okorowo’s court where he admitted in paragraph 9, that he and his 27 other members defected to APC because of problems or various disagreement in PDP but failed to realize that it is what you said earlier during the defection on the 11th December, 2023 that matters and not what you said later.
The first affidavit sworn to by the former Speaker, Martins Amaewhule and his 26 members cohort in support of his Court action against the 17th Defendant mainly requested for a declaration from the court that they would not fail in their constitutional duties, particularly the 11th Defendant, the Governor of Rivers State, Siminalayi Fubara, should not do anything to disturb the performance of their Legislative duties.
“In the originating summons of 29th November, 2023, this was the action assigned to Justice James Omotosho, for which he filed 15 grounds against the Defendant. He did not at anytime in the trial of this case mention the bombing of Rivers State House of Assembly and the most important event of their defection to APC.
“The Defendants are emphasizing like the 2nd Defendant that they are still Speaker and members of the Rivers State house of Assembly, that they all have roles and duties to perform.
“The constitution is the number one document that guides every citizen of Nigeria and therefore, it is unnecessary to engage in litigation against one another. This is petty and abuse of office, and also an abuse of court process.”
