In a significant ruling delivered in Port Harcourt, Justice Okogbule Gbasam of the Rivers State High Court dismissed a lawsuit alleging that Amaewhule and 26 other lawmakers had defected to the All Progressives Congress (APC).
The court concluded that the claimants had failed to provide sufficient evidence to support their allegations.
Justice Gbasam emphasized that proving party membership requires official documentation, such as being listed on the party’s register or possessing a membership card.
He deemed public declarations and televised ceremonies inadequate for establishing party membership.
In an intriguing development, the People’s Democratic Party (PDP) sought to intervene in the case and was admitted as the fourth defendant.
Justice Gbasam reiterated that until a member’s change in party affiliation is officially recorded, they are bound to adhere to their current party’s regulations and laws.
Justice Gbasam underscored that the state government is obligated to comply with legislation passed by the Assembly because the lawmakers, still officially affiliated with the PDP, remain on the party’s membership roster.
He stressed that the state government must recognize laws enacted by the Assembly, given that the lawmakers have not relinquished their positions by defecting to another political party.
This ruling highlights the importance of official documentation in proving party allegiance and reaffirms the state government’s adherence to laws duly enacted by the Assembly.
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