19th March, 2024
By Okafor Ofiebor
A case instituted by Civil Society Organizations, CSOs, against the 26 Rivers House of Assembly lawmakers led by Martin Amaewhule at the Federal High Court Port Harcourt was on Monday adjourned to April 26 for a hearing.
The CSOs among other prayers are asking the Court for the judicial interpretation of the action of the lawmakers who were elected under the platform of the Peoples Democratic Party PDP, but defected to the All Progressives Congress, APC.
They want the court to determine if they have not automatically lost their seats and cease to be lawmakers by their defection from the platform on which they were elected into office.
The trial Judge, Justice Stephen Dalyopam adjourned the matter after listening to counsels in the matter.
He averred that the adjournment was to give all the parties in the suit the opportunity to file in their various processes so that no one will say that ample opportunity was not given to them.
Justice Dalyopam, however, directed all the counsels in the matter to ensure that they completed their processes of services and serve each other before the new date.
Speaking to journalists outside the Courtroom, counsel representing the plaintiff in the matter, Chief Eugene Odey told Journalists that some parties have filled preliminary objections challenging the jurisdiction of the court to hear the substantive of the matter before it.
He added that some of the counsels have not also filed any responses to the substantive suit in court.
Odey pointed that it was in the spirit of fair hearing and justice that the court adjourned the matter to give equal justice to all, saying that at the end, no body would say that he was not heard.
He opined that the adjournment was not a temporary setback but to ensure that justice is served to all parties involved .
“It is also for the interest of justice to allow them bring their processes to the court. We have taken a new date today so that at the end, nobody will say that he was shut out of the matter.”
Responding to questions on the chances of his client winning the case, Odey said “our chances are bright and dependent on the Court and the arguments before it, so what we asking the court is that justice must be served in manifold to any body who violates the constitution of the Federal Republic of Nigeria no matter how highly placed the person or group of persons. That’s what we are asking and if the court agree with us and good”he stated.
The plaintiff Counsel also told Journalists the reasons why they withdrew the suit against the Attorney General of the Federation and the National Assembly,stressing that they were not necessary parties to the matter and does not want anything that will delay the process of trial.
Also speaking ,the state chairman of the civil society Organizations, Comrade Enefa Georgewill said they are asking the Court to interpret section 119(G) of the constitution of the country with regards to the 25 embattled members of the state House of Assembly who defected from PDP to APC.
He said they wanted the court to determine whether they are still members of the House of Assembly in line with the constitution, adding that their actions contravene the sections of 119 (g) of the constitution and should vacate their seats.