Sogbeye Eli, a legal practitioner, has criticized the recent ruling by the Rivers State High Court, which determined that Martin Amaewhule and 26 other lawmakers of the Rivers State House of Assembly remain members of the Peoples Democratic Party (PDP). This decision has sparked controversy, with Eli strongly opposing the court's interpretation of the lawmakers' political affiliations.
According to a report by the Punch, the court concluded that the claimant failed to provide sufficient evidence that the 27 lawmakers had indeed defected to the All Progressives Congress (APC). The court emphasized that proof of defection must be substantiated by the party membership register, membership cards, and evidence that the individuals in question have fulfilled all the necessary requirements for their new party membership.
In an interview on New Central TV, Sogbeye Eli contested the court's stance, asserting that Amaewhule and the other lawmakers had publicly defected to the APC, thereby making their new political alignment clear. Eli argued that the constitution does not mandate a specific set of procedural steps or the presentation of a party membership register to validate a defection.
Eli stated, "Nobody could have said they are still members of the PDP. They defected in the open. The constitution did not stipulate that certain steps must be taken before a defection is considered valid. It’s not specified anywhere in the constitution that, for instance, in the case of Amaewhule against the House of Assembly, they have to present the Labour Party register or any other party's register for the court to recognize the defection. That's not the law."
He further clarified, "If you defect from the political party on whose platform you were elected to another party while your tenure is ongoing, the law states that you will lose your seat." Eli's interpretation highlights a significant legal debate regarding the conditions under which political defections are recognized and the implications for elected officials who switch parties mid-tenure.
https://youtu.be/3Iwl8BUASCY?si=pdff0GgcAjz3V_jS
(From 9:05)