PDP insists on declaring 26 seats of defected Rivers State lawmakers vacant
The Peoples Democratic Party (PDP) remains resolute in its position that the 26 Rivers House of Assembly lawmakers, who defected to the All Progressives Congress (APC), have forfeited their membership in the state legislature. The PDP National Legal Adviser, Adeyemi Ajibade, reiterated the party’s stance after Justice Donatus Okorowo of the Federal High Court, Abuja, adjourned the lawmakers’ suit until January 24, 2024.
Ajibade emphasized the party’s commitment to upholding constitutional principles despite any interventions or resolutions that may have occurred between Governor Siminalayi Fubara and FCT Minister Nyesom Wike. The PDP contends that the constitution is clear on defection, and the party aims to retain the seats and votes garnered from the people of Rivers State.
“As a political party, we cannot leave the seats and the votes willingly given to the party by the people of Rivers State,” Ajibade stated.
The PDP National Legal Adviser highlighted the constitutional basis for their position, citing Section 109 (1g) as clear on issues of defection. He noted that the affected lawmakers had acknowledged their defection, and the party is determined to recover the seats based on constitutional provisions.
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Regarding the court proceedings, Ajibade mentioned that the PDP challenged the jurisdiction of the court to hear the suit. If the court maintains jurisdiction, the PDP plans to appeal. The case was adjourned for the hearing of interlocutory injunction, with the PDP filing objections and challenging the court’s jurisdiction.
In response, Mr. Steve Adehi, SAN, the lawyer representing the 26 lawmakers (plaintiffs), explained that the matter was adjourned due to issues related to a change of counsel. The court extended the lifespan of the interim order pending the hearing of the motion on notice scheduled for January 24.
While settlement discussions have been hinted at, Adehi clarified that they are awaiting confirmation from their clients. The PDP, as the 2nd defendant in the matter, has not shown any indication of settling, making the adjournment necessary for all parties to confirm their positions.
The legal battle revolves around the December 15 interim order stopping INEC and PDP from taking any action against the 26 lawmakers. The court restrained INEC from conducting fresh elections or declaring their seats vacant pending the hearing of the substantive suit. The plaintiffs sued INEC, PDP, the assembly, the clerk of the assembly, Inspector-General of Police, and the Department of State Service as defendants.
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