Wike Vs Fubara: Court Says 25 Rivers Lawmakers Still In PDP, Throws Out Suit Seeking To Declare Their Seats Vacant

Fubara and Wike

A Rivers State High Court in Port Harcourt has delivered a landmark judgment, dismissing a suit that sought to declare the seats of 25 Rivers House of Assembly Lawmakers vacant. The lawmakers, who are loyal to Minister Nyesom Wike, had defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) in December 2023, citing irreconcilable divisions within their former party and the leadership's lack of interest in resolving the issues in Rivers State.

In his judgment, Justice Okogbule Gbasam held that the lawmakers remain members of the PDP, as the claimants failed to provide conclusive evidence of their defection to the APC. The court ruled that defection from a political party cannot be proven through media reports, newspaper articles, radio broadcasts, or online news stories. Instead, the court held that a lawmaker's defection can only be established through official party records, specifically the party membership register and a valid membership card, in fulfillment of all membership requirements, as stipulated by the party.

This ruling overturns a previous decision delivered on May 30, which had declared the lawmakers' seats vacant and barred them from parading as legislators. The court's judgment is a significant development in the ongoing political saga in Rivers State, and it has far-reaching implications for the state's political landscape.

The judgment has been seen as a major victory for the 25 lawmakers, who had argued that their defection to the APC was lawful and in accordance with the country's constitution. The ruling has also been interpreted as a blow to the Rivers State Government, which had sought to declare the lawmakers' seats vacant and replace them with new legislators loyal to the government.

The development has sparked mixed reactions in the state, with some hailing the judgment as a triumph of justice and others condemning it as a setback for democracy. The ruling has also raised questions about the future of the state's political landscape, as the battle for control of the state's political machinery continues.