The Certified True Copy (CTC) of the judgment of Rivers State High Court sitting in Port Harcourt has shown how the court issued contradictory orders against the 27 members of the Rivers State House of Assembly.
The members are loyal to the Minister of the Federal Capital Territory (FCT), Nyesom Wike, who defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
SaharaReporters had reported that the judge of the court, Justice Okogbule Gbasam, had ruled that the embattled Speaker of the State House of Assembly, Martin Amaewhule, and 26 other lawmakers who defected from the PDP to the APC are still members of the PDP.
The judge ruled that the claimants failed to provide evidence of the defection, stating that party membership could only be proven through listing on the party’s register or a membership card.
Justice Gbasam emphasised that mere TV ceremonies and verbal declarations are insufficient to establish defection.
Since the lawmakers’ names remain on the PDP’s membership register, they are still considered PDP members, the court ruled.
However, a certified true copy of the judgment posted on X platform by human rights lawyer and former Chairman of the National Human Rights Commission (NHRC), Prof. Chidi Odinkalu, showed contradictory orders issued by the court.
According to the court document, whereas the court said that it lacked the jurisdiction to entertain the case, it however dismissed the suit for lacking in merit.
The details of the ruling which was made on Monday read, “Upon this matter coming up for ruling/judgment, today Monday the 10th day of June, 2024; before His Lordship Hon. Justice Dr. O. David Gbasam, judge of the Degema Judicial Division; and after the determination of the suit and the delivery of the rulings and judgment, it is hereby ordered as follows:
“That this suit be and is hereby dismissed/struck out for want of jurisdiction.
“That the Peoples Democratic Party (PDP) be and is hereby joined as the 4th Defendant.
“That the claimants’ case be and is hereby dismissed for lacking in merit.”
Reacting to the judgment, Prof. Odinkalu said, “Our judges in Nigeria don’t even pretend to apply law anymore. Someone please help me explain the orders in this case.”
Also reacting to the court rulings, the Indigenous People of Biafra (IPOB) lawyer, Barrister Ifeanyi Ejiofor, said that the maker of the document was desperately executing a deal which has no connection with the application of law.
He said, “Erudite Prof, I do not want to believe that this document actually emanated from a court, talk more of same being endorsed by a Judge.
“We may wish to pretend at this juncture that the wordings of the order may have been affected by typo.
“I am equally not trying to insinuate that Prof is parading a fake document here, but if I may ask, how did we get here?
“Who have we offended? I will be persuaded to opine that this is a direct consequence of putting a round peg in a square hole.
“Ostensibly, the maker of this document is desperately executing a deal which has no connection with the application of law. Judiciary is truly on trial. Abomination.”
