BREAKING! CJ transfers Amaewhule’s defection case

The cases challenging the defection of the 25 State lawmakers in Rivers State from the People’s Democratic Party, PDP to the All Progressives Congress, APC, have been transferred. The case was transferred from Federal High Court 4, Port Harcourt, presided over by Justice Steven Dalyop Pam, to court two controlled by Justice E. O. Obele. However, there was confusion yesterday among journalists covering the court proceedings and some of the lawyers in the matter as they got to the court, Friday morning, to discover that the cases have been transferred to a different court. The lawyers and journalists who were stocked at court four could only realise that the matters have been moved when the notable Senior Advocates of Nigeria in the matter who had arrived the court premises could not be found in court four. On approaching the court clerk after over an hour of resumption of court sitting, it was discovered that the matter was transferred Thursday to the new court. This transfer came following a petition by a defendant in matter, Hon. Martins Amaewhule, to the Chief Judge of the Federal High Court, Hon. Justice John Tsoho, demanding that the cases against him be transferred to another court. The cases are one instituted by BOOT Party and others as plaintiffs in suit number FHC/PHC/269/2024 and another by Civil Society Organsiation in the state against Amaewhule and other, all on the defection of the defendants to the APC. When the court had resumed on Monday for hearing, the court was confronted with a petition signed by Martin Amaewhule addressed to the Chief Judge of the Federal High Court, Hon. Justice John Tsoho, seeking the case to be reassigned to another court. The Presiding Judge, Justice Steven Dalyop Pam, who read the petition in the open court, had noted that the petitioner, Amaewhule, was praying the CJ of the High Court, to stop the hearing process following the petition. When the petition was read, Counsel for the plaintiff, BOOT Party, Mr. Reuben Wanogho, had informed the court that the petition was aimed at arresting the ongoing case and urged the court to discountenance it. But, Counsel for the 1st to 25th Defendants in the suit, Ferdinand Orbi, a Senior Advocate of Nigeria, denied knowledge of the petition by his client, prayed the court to adhere to the petition and stop further proceeding if the letter was addressed to the CJ of the court. However, the presiding judge, Pam, noted that in the first instance the petitioner (Amaewhule) has no motion, counter affidavit before him and that he is not yet known in the case. Pam in his ruling had noted that the petitioner has not copied his petition on the plaintiffs, noting the court would have no other option than discountenance the petition and move on with hearing of motions for joinder.

Rivers crisis: Court affirms 27 defected legislators as PDP Members 

A Rivers State High Court sitting in Port Harcourt has affirmed that 27 members of the Rivers State House of Assembly, who defected to the All Progressives Congress, APC, are still members of the Peoples Democratic Party, PDP.  Justice Okogbule Gbasam of the Rivers State High Court in Port Harcourt stated on Monday that the claimants were unable to demonstrate that Martin Amaewhule and the 26 other legislators had switched to the APC. Justice Gbasam emphasized that party membership is established through being on the party’s register or possessing a membership card, stating that televised events or verbal declarations were insufficient proof. The PDP had requested to be part of the case and was included as the fourth defendant. Additionally, Justice Gbasam emphasized that the Rivers State government must adhere to all laws enacted by the Assembly since the members are still part of the PDP, and their inclusion in the party’s membership register is the determining factor. He also mentioned that the state government must follow the laws created by the Assembly since the members are still part of the PDP and have not forfeited their positions.

Defection: Court dismisses APC suit seeking sack of ex-Benue gov, Ortom

By Vivian Michael, Abuja Justice Inyang Edem Ekwo of the Federal High Court in Abuja has dismissed a suit filed by the All Progressives Congress(APC) seeking the removal of former Benue State governor, Samuel Ortom, from office over his defection to the Peoples Democratic Party(PDP). In the ruling, the court held that the suit had become academic, exercise in futility and can no longer confer any benefits on the APC. It stated that it has been overtaken by events. Besides, the judge said that the court has no power to extend the tenure in dispute to accommodate the request of the APC. Justice Ekwo said that the tenure being eyed by the APC had been spent by Ortom before the case could be concluded. The APC had dragged the Independent National Electoral Commission, INEC, PDP and Ortom before the court praying that Ortom be kicked out of office on account of his defection to the PDP. APC asserted that it canvassed for votes and won the majority of lawful votes of 422,932 as against the PDP which scored 313, 878 to come second, in the 2019 governorship election in Benue State. The party asked the judge to invoke sections 1, 177 and 179 of the 1999 Constitution and Section 97 of the Electoral Act 2010 to hold that Ortom cannot transfer its lawful votes to PDP, thereby making PDP to unlawfully become the winner of the 2019 poll. However in his judgment in the suit marked FHC/ABJ/CS/458/2022, Justice Ekwo held that the cause of action had ceased from the day the former governor completed the tenure of office. He dismissed the suit, noting that it no longer has life to sustain it and therefore lacked merit.

Six Labour Party Lawmakers Defect To PDP

Six members of the Labour Party at the Enugu State House of Assembly have officially decamped to the Peoples Democratic Party (PDP). The lawmakers had attempted to defect last Sunday in an elaborate party at the Okpara Square but the event came to an abrupt end. Party supporters were asked to leave Okpara Square, the proposed venue of the event. However, on Thursday during plenary at the state House of Assembly complex, the lawmakers made their defection known in a letter read by the speaker, Hon. Uche Ugwu. According to the speaker, the defecting members include Mr. Ejike Nwa Nsukka, (Igbo-Eze North 1); Mr. Johnson Ugwu (Enugu North); Ms. Princess Ugwu (Enugu South Rural); Mr. Pius Onyeka Ezugwu (Nsukka West); Mr. Williams T. Amuka (Igbo-Etiti East) and Mr. Osita Eze (Oji River). The speaker said that their defection was a result of the “existence of irreconcilable division, incessant crisis within the Labour Party at the national level and across all the state chapters.” He continued: “Regrettably, the party has evolved into a state of perpetual discord with various factions embroiled in legal battles thereby undermining its ability to effectively serve the interest of the people. “The Labour Party once a beacon of hope for progressive ideas has regrettably become synonymous with internal squabbles, thereby reducing its capacity to fulfil the aspirations of the electorate”. They cited the cases of the Abure and Apapa factions as well as the national treasurer as some of the divisions within the party.