Justice O. David Gbasam of the Rivers State High Court sitting in Degema dismissed a suit filed by four claimants challenging the defection of 27 members of the Rivers State House of Assembly, including the Speaker, Rt. Hon. Martin Amaewhule, from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
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The claimants, Hyacinth Wosa Amadi, Comrade Godspower Obuah, Tonyedatonye, and Barikpe Gibson Eenyie, had sought declarations that the 27 lawmakers, having defected from the PDP to the APC on December 11, 2023, had ceased to be members of the Assembly and could no longer validly exercise legislative powers.
However, in a comprehensive 76-page judgment, Justice Gbasam held that the claimants failed to prove that the lawmakers had become members of the APC, as required by the Constitution and judicial authorities. The court found that mere announcements or media reports of defection were insufficient to establish membership of another political party.
The court further held that the claimants lacked the locus standi to institute the action, as they failed to show how the alleged defection of the lawmakers infringed on their civil rights beyond those of other registered voters in the state.
Consequently, Justice Gbasam dismissed the claimants’ originating summons in its entirety, holding that the 27 lawmakers remained valid members of the Assembly with the constitutional powers to make laws for the good governance of Rivers State.
To read the full 76-page judgment, please click here to download the document.
Recall that Renowned Nigerian lawyer and human rights activist, Chidi Odinkalu, raised concerns about a court order issued by the High Court of Rivers State in Degema Judicial Division, suggesting that judges in Nigeria were not properly applying the law.
In a post on X (formerly Twitter) on June 11, 2024, Odinkalu shared an image of the court order made on June 10, 2024, in a suit filed by Hyacinth Wosa Amadi, Comrade Godspower Obuah, Tonye Datonye, and Barikpe Gibson Eenyie against Rt. Hon. Martin Amaewhule and others. The order, which appeared to have contradictory elements, sparked a debate about the state of the Nigerian judiciary.
Odinkalu expressed his concerns, stating, “Our judges in #Nigeria don’t even pretend to apply law anymore. Someone pls help me explain the orders in this case….!” He proceeded to highlight specific aspects of the court order that he found problematic, suggesting that the ruling might not have been in line with legal principles.
The court order in question related to a case involving the defection of 27 members of the Rivers State House of Assembly from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). The plaintiffs had sought declarations that the lawmakers had ceased to be members of the Assembly due to their defection.
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