In a landmark ruling on Monday, the Rivers State High Court con­firmed that Martin Amaewhule, Speaker of the House of Assem­bly, along with 26 other lawmakers, remain members of the Peoples Dem­ocratic Party (PDP).

The judgment delivered by Justice Okogbule Gbasam marks a signifi­cant moment in the state’s political landscape, addressing allegations of defection to the All Progressives Congress (APC).

The case, which had drawn con­siderable public and media atten­tion, revolved around accusations that Amaewhule and his fellow lawmakers had switched their alle­giance from the PDP to the APC. The claimants, hoping to establish a basis for the lawmakers’ expulsion from the PDP, relied heavily on evidence from newspaper publications, radio announcements, and online reports. However, this approach was deemed insufficient by the court.

In his ruling, Justice Gbasam stat­ed: “Defection cannot be established through newspaper publications, radio announcements, or online publications.” This pronouncement underscores the judiciary’s demand for concrete, verifiable evidence in cases of political defection, setting a precedent for how such cases may be handled in the future.

The judgment has significant im­plications for the political dynamics within Rivers State. Had the court found in favour of the claimants, it could have led to a major realignment within the state’s legislature, poten­tially altering the balance of power. Instead, the ruling reinforces the standing of the PDP within the state assembly, providing a degree of sta­bility in an often tumultuous political environment.

This ruling may also influence fu­ture cases involving alleged political defections

Legal experts, including a Lagos lawyer and human rights crusader, in his reaction, said that the judge’s ruling on the embattled Speaker of the State House of Assembly, Martin Amaewhule, and 26 other lawmakers is 100% correct.

He said the issue of membership of a party is like the registration of a company, and the proof is by ten­dering the certificate of registration, while the proof of membership of a party is by tendering the register of the party members.

He added, “If you look at the reg­ister of PDP today, those affected 26 members are still members of PDP, and if you look at the register of APC, the names of these 26 persons are not there, and that means they are not members of the party. Also, if anyone wants to defect, one has to go through the proper procedure because your name must enter the database of the party.

“If we also want to look at it from another angle, the error commit­ted by the Governor by moving the House of Assembly to the Govern­ment House brings to mind the case of Governor Adeleke whereby the Supreme Court said that you cannot transact the business of the House of Assembly anywhere else apart from its premises because any decisions taken outside the House of Assem­bly’s jurisdiction is invalid, illegal, and unconstitutional.

Again, the quorum of a house of assembly is formed by one-third of the members of the house, and where we have 31 members, you need 11 members to form a quorum, so how can a Governor continue with six members? It’s unfortunate and il­legal. This is just the position of the law; you cannot defect and become a member of another political party by mere proclamations except you have registered with that political party.

“Section 77 of the Electoral Act states that membership of every political party shall be submitted to INEC and be with INEC. Are the names of these 26 members with INEC? Are they in the APC register submitted to INEC? If the answer is ‘No,’ then the purported decamping is invalid, and all the actions based on the purported decamping become invalid to the extent of the illegality. That is just the law.”

Former president of the Cam­paign for the Defence of Human Rights (CDHR), Malachy Ugwumma­du, in his view, noted that the judg­ment has introduced fresh challeng­es and conditions for political party membership.

“These are incredible but fascinat­ing times in Rivers State. The sub-na­tional state of Rivers has always been the epicenter of intriguing political developments in Nigeria. In many respects, Rivers State is significantly strategic for the economic survival of Nigeria.

Therein lies the political economy of this crisis. However, the current impasse presents an unsettling di­mension to the whole scenario, which underscores all that has gone wrong with power relations and contests for power in Rivers State. In particular, it emphasises the unconscionable alien­ation of the people of the state, who are supposed to be the ultimate object and beneficiaries of every political ac­tivity and engagement,” he said.