(JUST IN) Attorney General Clarifies: Suit Against Rivers Lawmakers Struck Out, Not Dismissed

In a press briefing held on Monday, June 10, 2024, the Attorney General and Commissioner for Justice of Rivers State, Dagogo Iboroma, SAN, addressed the recent judgment concerning 25 lawmakers in the Rivers State House of Assembly. Contrary to widespread reports, Iboroma clarified that the lawsuit against these lawmakers was struck out, not dismissed, due to lack of jurisdiction and legal standing.

Key Points from the Press Briefing:

Misleading Information: Iboroma pointed out that the circulating news claiming that Martins Amaewhule and 26 others are confirmed members of the Peoples Democratic Party (PDP) and the Rivers State House of Assembly is incorrect. The case in question, SUIT NO DHC/20/CS/2024, did not seek to vacate their seats.

Court’s Ruling: The suit was struck out because the claimants lacked locus standi and the matter was deemed an abuse of court process, thereby removing the trial court’s jurisdiction to adjudicate on it.

Defection to APC: Iboroma emphasized that Amaewhule and the other lawmakers had defected from the PDP to the All Progressives Congress (APC) on December 11, 2023. This was documented in an affidavit by Amaewhule in Suit No. FHC/ABJ/1681/CS/2023, which is still pending before the Federal High Court, Abuja.

Jurisdiction of Federal High Court: According to Section 272(3) of the 1999 Constitution, only the Federal High Court has the authority to determine the lawmakers’ party affiliation and their membership status in the Rivers State House of Assembly. This position was upheld by the trial court.

Interlocutory Injunction: There remains a subsisting order from Suit No. PHC/512/CS/2024 that restrains Amaewhule and his colleagues from presenting themselves as lawmakers pending the outcome of the substantive suit, which has not been appealed.

The Attorney General urged the public to disregard the misleading reports in various media outlets about the lawmakers’ status. He reiterated that the legal proceedings are ongoing and the final determination rests with the Federal High Court.