The legal dimension to the political crisis in Rivers state is further taking root, as the Peoples Democratic Party (PDP) Thursday insisted the 26 House of Assembly lawmakers who dumped the party for the All Progressives Congress (APC) must vacate their seats.
PDP National Legal Adviser Kamaldeen Adeyemi Ajibade, SAN, told the News Agency of Nigeria (NAN) shortly after Justice Donatus Okorowo of a Federal High Court Abuja, adjourned the embattled lawmakers’ suit until January 24, 2024.
Ajibade said though President Bola Ahmed Tinubu might have intervened in the dispute between Governor Siminalayi Fubara and FCT Minister Nyesom Wike, the party stood on what the constitution says on defection.
“PDP as a party, we are standing on the side of the constitution of the country.
“It is not about issues of an agreement but by the constitution, we all swore to uphold. The governor himself swore to uphold the constitution; likewise the president.
“I am not against the president calling for the resolution of the matter. He is the chief security officer of this country and he has every right to intervene in the issue.
“But besides that, we, as a political party, the PDP owns those seats and certainly we are interested in those seats.
“Whatever the governor is doing in this matter that concerns whether resolution on the issue, no resolution has been brought to Wadata Plaza on this matter.
“But as a political party, we cannot leave the seats and the votes willingly given to the party by people of Rivers State,” he said.
According to the senior lawyer, aside from that, the constitution of the country is very clear; Section 109 (1g) is clear as to issues of defection.
He said the affected lawmakers had not denied their defection to the APC.
“Even if you pick the writ of summon that was filed before this court, they said they actually defected.
“So, they are only stating while they defected, that they have the right to defect based on the reasons given by them.
“So, it is not an issue as to whether there was a deflection or not and we cannot fold our hands. So, we have to go to recover our seats,” Ajibade further said.
Ajibade, who said they had challenged the jurisdiction of the court to hear the suit, said if the court ruled that it had jurisdiction, the PDP would appeal it.
“If at the end of the day, if this court decides to maintain and insists that it has jurisdiction, then we will do the needful.
“We will study the ruling and if possible, we have higher court,” he said.
On what transpired in court, he said though the case was adjourned for hearing of interlocutory injunction, the PDP filed an objection that the court had no jurisdiction to entertain the matter.
The silk said though he opposed the plaintiffs’ application for the extension of the ex-parte order earlier granted by the court December 15, he said it was unfortunate that other defendants who were supposed to take side with them did not oppose it, and the court granted the request.
“The court said based on the balance of probabilities, it decided to extend the order. The case has been adjourned to January 24, 2024, and on that day, our application challenging the jurisdiction of this court will be taken to see whether this court has jurisdiction on the matter.
“And we equally have an application, asking the court to set aside the earlier ex-parte order granted by the court for lack of jurisdiction,” he said.
Defectors’ lawyer
Also speaking, lawyer to the 26 lawmakers (plaintiffs), Mr Steve Adehi, SAN, said though they were in court with the hope of taking their interlocutory injunction, an issue regarding a change of counsel occurred.
He said the matter was adjourned to enable parties put their house in order.
Adehi said the court, however, made an order extending the lifespan of the interim order pending the hearing of the motion on notice scheduled to come up January 24.
When asked why the suit was not withdrawn by his clients based on the resolution entered into by Fubara and Wike, Adehi said: “We have just informed the court today that the counsel (Mr Lukman Fagbemi, SAN) that withdrew said he had instruction to withdraw from the matter because it is being settled.
“The other counsel who came in today requested for an adjournment to confirm that position with their client.
“So I think we are not averse to settlement; like the parties said they just want to confirm the position from their various clients which is what all of us have said.
“If we confirm that information, we see how we can move forward. But then, the 2nd defendant (PDP) in the matter, by his own conduct, he has not shown any indication that there is going to be any settlement.
“The more reason why this adjournment was really necessary so that all the parties can go and actually confirm from their clients the position of the settlement initiative.”
NAN had earlier reported that upon resumed hearing Thursday, Adehi informed the court that he had a motion on notice which originally was meant for hearing today, but sought an adjournment in view of the fact that Fagbemi had withdrawn appearance and a new counsel, Ken Njemanze, SAN, had entered appearance in the matter for the Rivers House of Assembly, the 3rd defendant in the suit.
Court extends order
Justice Okorowo had extended the December 15 interim order stopping the Independent National Electoral Commission (INEC) and PDP from taking any action against the 26 lawmakers pending the hearing and determination of the motion on notice.
The judge extended the order following an application by counsel for the embattled lawmakers, Adehi and supported by Njemanze, who appeared for the assembly.
Although PDP’s lawyer, Ajibade, opposed the application, Okorowo agreed that based on Order 26, Rule 10 of the FHC, the court had the discretionary power to grant the plea in the interest of justice.
The judge had, December 15, granted the ex-parte motion filed by the 26 lawmakers who dumped PDP for APC.
The court restrained INEC from conducting fresh election to fill the seats of the 26 assembly members.
It also restrained INEC, PDP and the House of Assembly from declaring their seats vacant and withdrawing their respective Certificate of Returns pending the hearing and determination of the substantive suit.
The plaintiffs had, in the suit marked: FHC/ABJ/CS/1681/2023/ dated and filed December 13, sued INEC, PDP, the assembly, clerk of the assembly, Inspector-General (I-G) of Police and Department of State Service (DSS) as 1st to 6th defendants respectively.
