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PRO-WIKE RIVERS LAWMAKERS WITHDRAW COURT AFFIDAVIT CONFIRMING DEFECTION FROM PDP TO APC
Hon Martin Chike Amaewhule-led pro-Wike lawmakers in Rivers State have withdrawn part of an affidavit they sworn to at the Federal High Court in Abuja, confirming their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
The lawmakers’ defection followed a rift between Nyesom Wike, the immediate former Governor of Rivers State and his predecessor, Siminalayi Fubara. T
The defected lawmakers are loyal to Wike, the current Minister of the Federal Capital Territory.
The lawmakers were at the Federal High Court in Abuja on Wednesday to withdraw part of the affidavit, where Amaewhule swore on oath in Suit No: FHC/ABJ/CS/1681/2023, that he and 26 other lawmakers in Rivers State House of Assembly were constrained to defect and join the APC on December 5, 2023.
The defection was blamed on the state of “uncertainty and confusion” in their former party – PDP.
They succeeded in withdrawing the affidavit, the basis upon which they got court orders that kept them in office.
Following their defection and swearing of oath at the high court, the lawmakers were also received by officials of their new party, APC.
“Today, pro-Wike lawmakers went to the Federal High Court to withdraw the affidavit they swore in court that that they have defected from PDP to APC.
“They quietly withdrew the affidavit. On the basis of this affidavit, they got court orders to keep their seats and were received by the APC,” a top judicial source confirmed.
In the suit, the Independent National Electoral Commission (INEC), Peoples Democratic Party (PDP), Rivers State House of Assembly, Clerk of Rivers State House of Assembly, Inspector General of Police and Department of State Services (DSS) were listed as the 1st to 6th Defendants/Respondents respectively.
Amaewhule and others had sworn in Paragraph 14, forming part of affidavit secretly withdrawn that “faced with the state of uncertainty and confusion in the 2nd Defendant caused by the division in the political party, the Plaintiffs were constrained to defect and joined the All Progressives Congress (APC) on 5th December, 2023 as stated above”.
Similarly, in Paragragh 15, they had sworn that “angered by the action of the Plaintiffs, the 2nd Defendant has been threatening fire and brimstone against the Plaintiffs. The 2nd Defendant has followed this up by holding a press conference addressed by the National Publicity Secretary, Debo Ologunagba, where the 2nd Defendant prayed the 1st Defendant to withdraw the Certificates of Return issued to the Plaintiffs and organise and hold fresh elections to fill the seats of the Plaintiffs”.
In Paragraph 16, they swore “that apart from the 2nd Defendant, persons and political parties not concerned with the defection of the Plaintiffs to the APC have also been mounting pressure on the 1st Defendant (INEC) to declare the seats of the Plaintiffs vacant”.
Amaewhule further avowed in paragraph 17, that a similar situation arose in Edo State wherein the same “2nd Defendant asked the 1st Defendant to declare the seats of 14 Members of the Edo State House of Assembly vacant, and the court resolved the matter by maintaining the status quo.
He insisted in paragraph 18 of the affidavit that unless the court restrained, “the Independent National Electoral Commission INEC which is 1st Defendant and or the 3rd Defendant (Rivers State House of Assembly) will not only declare the seats of the Plaintiffs vacant, but the 1st Defendant will withdraw their Certificates of Return and prevent them from carrying out their constitutional duties and functions.”
It was gathered that upon this affidavit in support of their motion for interlocutory injunction, which the lawmakers have just withdrawn, Hon. Justice Donatus U. Okorowo on December 15, 2023, granted an order restraining the Independent National Electoral Commission (INEC) and the Rivers State House of Assembly from declaring vacant the seats of the 27 members of the Assembly, led by Amaewhule.
Justice Donatus Okorowo, in an ex-parte ruling, also restrained INEC from conducting fresh elections to fill the seats of the 27 lawmakers, who had announced, in the legislative chamber, their defection from the PDP to the APC.
The judge gave an “order of interim injunction restraining the first and third defendants/respondents (INEC and Rivers Assembly), either by themselves, their officials, officers, servants, agents, servants, staff or privies (anyhow so-called), from declaring vacant or taking any steps whatsoever to declare vacant the seats of the plaintiffs/applicants at the Rivers State House of Assembly; from withdrawing the plaintiffs/applicants’ respective certificates of return and from conducting fresh elections to fill in the seats of the plaintiffs/applicants at the Rivers State House of Assembly, pending the hearing and determination of the motion on notice.
“An order of interim injunction restraining the first defendant/respondent (INEC) from conducting fresh elections to fill the seats of the plaintiffs/applicants in the Rivers State House of Assembly, pending the hearing and determination of the motion on notice.
“An order of interim injunction restraining the defendants/respondents, jointly and or severally, by themselves or their servants, agents, officials, officers, staff, delegates of other persons deriving authority from them (anyhow so-called), from interfering with or impeding in any way or attempting to interfere with or impede in any way the performance of the plaintiffs’ official and legislative functions as the Speaker, the Deputy Speaker and members, respectively, of the Rivers State House of Assembly, pending the hearing and determination of the motion on notice.
“An order of interim injunction restraining the defendants/respondents, jointly and or severally, by themselves or their servants, agents, officials, officers, staff, delegates or other persons deriving authority from them (anyhow so-called), from interfering with or impeding in any way or attempting to interfere with or impede in any way, the full enjoyment of the official rights and privileges of the plaintiffs/applicants as the Speaker, the Deputy Speaker and members, respectively, of the Rivers State House of Assembly, pending the hearing and determination of the motion on notice”.
Striking out the case on Wednesday in Abuja, Justice Peter Lifu said the court has painstakingly perused and carefully considered the notice of discontinuance of this suit dated and filed on the 30th of October, 2024 by the learned counsel to the plaintiffs, J. Akubo esq.
“The court has equally perused and considered all the arguments of learned counsel for all the parties,” he said.
Justice Lifu, who observed that the suit was commenced by a writ of summons, said hearing on the suit was yet to commence.
“There are pending applications for joinder in this suit. There is also an application for a change of counsel.
“Aside, there is an application to regularise processes among others,” he added
According to him, It is, therefore my considered view in line with the position of the law that a plaintiff can discontinue as of right before the date fixed for the hearing of the suit as has been done in this case.
“Based therefore on the above reasoning and conclusion, the notice of discontinuance dated and filed on the 30th of October, 2024 hereby succeeds and the instant entire suit is hereby struck out,” Justice Lifu ruled.
