The embattled former speaker of the Rivers State House of Assembly, Hon Martin Chike Amaewhule and 24 other members of the Assembly have failed in their bid to stop the Federal High Court sitting in Port Harcourt from adjudicating on the suit seeking to sack them as members of the state House of Assembly.
The suit, which was instituted through Originating Summons by three members of Boot Party and others, is seeking, among other things, for the court to declare the seat of Amaewhule and 24 others vacant, having defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
At the resumption of the matter on Monday, the trial judge, Justice Stephen Daylop Pam, told counsels representing the parties in the matter that one of the parties, Martin Amaewhule had written a petition to the chief judge of the Federal High Court asking that he discontinues from hearing the matter.
Justice Daylop Pam asked the lawyers of their views on the petition written by one of the defendants, Martin Amaewhule.
Taking the lead on argument, the lawyer representing the plaintiff, Boot Party, Reuben Wanogho Esq, told the judge that the petition does not concern the court as the petitioner has not served any of the parties involved in the matter with the copy of the petition, and added that the petitioner, through his legal representation, has not filed any correspondence to the court.
He opined that in such circumstances, the law assumed that he was not before the court and urged the court to ignore such petition and go ahead with the matter on the business for the day.
In his submission, the state Attorney General and Commissioner of Justice, Mr Dagogo Israel Iboroma, SAN, told the court that he was not under any obligation to adhere to the alleged petition, and that Heavens will not fall if the court continues with the matter.
He reminded the court that the scheduled business of the day as listed in the Order Paper was for the hearing of an application seeking for joinder, and urged the court to go ahead with the matter.
In their submissions, the counsels representing Martin Amaewhule and 24 lawmakers, Mr Orbih Ferdinand, SAN, and the representative to the state PDP, Mr Joshua Musa, SAN, urged the court to wait for the response of the chief judge of the Federal High Court before continuing with the matter.
The trial judge, Justice Stephen Daylop Pam, after hearing from the counsels, ruled to continue with the matter on the ground that the petitioner has not filed anything before the court.
He later called on the PDP state representative, Mr Joshua Musa, SAN, to move his motion, which was on joinder, and legal representation.
However, the court proceedings were not without any drama, as the court was thrown into confusion on who was the right legal representative to PDP in the matter.
The PDP National Legal Adviser, Mr Kamaldeen Adeyemi Ajibade, SAN, and Mr Joshua Musa, SAN, both are laying claims to be the authentic PDP representative.
Ajibade, in moving his oral application bordering on representation, told the court that there was a recent ruling by a Federal High Court in Edo State, and urged the trial judge to leverage on the judgement to resolve the disparity over who should represent the party in the matter, and tendered a copy of the judgement as evidence.
Earlier, the court adjourned to resolve the issue bordering on non-service of court processes by the counsel representing the 25 respondents, Mr Orbih Ferdinand, SAN.
However, when the court resumed from the short adjournment, Orbih appealed for an adjournment on health ground.
The trial judge, Justice Stephen Daylop Pam, adjourned the matter to Friday, 28th of June, 2024, for motion for joinder.
Both the APC and PDP are seeking to be joined in the matter.
Speaking to journalists after the court session, the PDP National Legal Adviser, Mr Kamaldeen Adeyemi Ajibade, SAN, told Journalists that he was in court to inform the court who has the right to represent the party or assign legal representative on behalf of the party, adding that the judge will give ruling on it on the next adjourned date.
He further told Journalists that Hon Martin Amaewhule and 24 other former members of the state House of Assembly, who defected to the ruling APC, have lost their seats as they were no longer members of the party, adding that the party was taking every steps to recover the lost seats.
On the substance of the case, Ajibade said: “The substance of case…has to do with the issue of defection. Defection of some members of the Rivers State House of Assembly. You know it too well. Yes!
“There is no two ways about it: They defected. And it is the position of the party, the PDP, that they actually defected. And the PDP is taking steps to recover the seats back because they said they are members of APC now”.