“The Court Is Right”: Lawyer Speaks On Legal Tussle Between Fubara And Pro-Wike Lawmakers

Okanlawon Gaffar, a legal practitioner, has commented on the recent judgment that the pro-Nyesom Wike lawmakers in the Rivers State House of Assembly are still members of the Peoples Democratic Party (PDP).

The Rivers State High Court, in a ruling on Monday, June 10, struck out a suit filed by Wosa Amadi and three others seeking to declare the 27 lawmakers’ seats vacant following their defection to the All Progressives Congress (APC) in December 2003.

Delivering its judgement, the presiding judge, Justice Okogbule Gbasam, ruled that Martin Amaewhule and the 26 other lawmakers were still members of the PDP.

He noted that the said defection cannot be established through newspaper publications, radio announcements or online publications.

According to the court, a defection can only be established through the party membership register, a membership card, and members fulfilling all party membership requirements.

Reacting to the court judgment, Gaffar, in an interview with Legit.ng, said there was no written document to establish that the lawmakers defected from the People Document.

He said:

“The court is right, despite the fact that the so-called members announced that their deflection announced their defection to the All Progressives Congress (APC) on the floor of the Rivers state of assembly.

“There is no record at the ward level that they actually resigned their membership from the PDP and registered their membership at their ward level of the APC. You should understand that politics and political parties, in terms of their renunciation, have to be documented through a letter to the ward level. So, I will say the court is right that any of the state houses of assembly officially renounced their membership from the PDP at the ward level.

“This is an over-judicialisation of our democracy despite the judiciary being essential to any democratic establishment. Our democracy on its own has moved to becoming from the people deciding who represented them to the court determining who represented the people who is there and who is not. We have seen cases from Zamfara, Bayelsa and the rest of them where people who were elected by the people lose their seats.”