The political landscape in Rivers State, Nigeria, is embroiled in a contentious dispute over the legitimacy of 27 lawmakers, including former Speaker Martin Amaewhule, who defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). A caucus of PDP federal lawmakers from Rivers State insists that these defectors forfeited their seats in the State House of Assembly the moment they switched parties, citing constitutional provisions and established legal precedents. They argue that this defection, which took place publicly on December 11, 2023, automatically rendered Amaewhule and his colleagues former members of the House, stripped of their legislative authority. This caucus has publicly criticized Amaewhule and the other defectors, accusing them of denying the reality of their defection and misleading the public about their current status. They have also voiced strong support for the current Governor, Siminalayi Fubara, and the present Speaker of the House, Victor Oko-Jumbo.
Central to this dispute is the interpretation of Sections 109(1)(g) and 68(1)(g) of the 1999 Nigerian Constitution. The PDP caucus contends that the established legal interpretation, supported by Supreme Court judgments, mandates the automatic loss of a legislative seat upon defection to another party. They emphasize that this legal principle remains binding and that Amaewhule and the other defectors ceased to be members of the Rivers State House of Assembly from the date of their defection. The caucus further argues that a recent judgment by Justice James Omotosho, which Amaewhule and his colleagues have cited to support their continued claim to legislative seats, did not address the matter of their defection or their status as lawmakers. They accuse the defectors of intentionally withholding this crucial information from the court, thereby misleading the judicial process.
Furthermore, the PDP caucus accuses a separate delegation of National Assembly members, led by Senator Barinada Mpigi, of misrepresenting the facts of the Omotosho judgment during a solidarity visit to Amaewhule. This Mpigi-led delegation, according to the PDP caucus, has incorrectly suggested that the judgment affirmed Amaewhule’s status as Speaker. The PDP caucus insists that the judgment did not address this issue, highlighting the need for a clear understanding of the legal ramifications of the defections. They believe that focusing on the Omotosho judgment is a distraction from the core issue of the defections and their consequences under Nigerian law.
The PDP caucus draws a parallel between the situation in Rivers State and a previous case in Plateau State. Citing Justice Walter Onnoghen’s judgment on the Plateau State case, they argue that a House of Assembly with vacant seats, created by defection, remains limited in its legislative powers. Specifically, they contend that the Rivers State House of Assembly, in its current state, cannot perform actions that require a two-thirds majority of all members, effectively limiting its authority until by-elections fill the vacated seats. This, they believe, reinforces their position that the defectors no longer hold valid legislative positions.
The current Speaker of the Rivers State House of Assembly, Victor Oko-Jumbo, has expressed gratitude for the solidarity shown by the PDP caucus. He affirmed the House’s commitment to upholding the rule of law and serving the interests of the Rivers people. Oko-Jumbo echoed the PDP caucus’s stance, stating that the 27 former lawmakers have effectively relinquished their positions. He emphasized the House’s ongoing support for Governor Fubara and their dedication to legislative duties, emphasizing that their focus remains on enacting laws for the betterment of the state. He reiterated that the Nigerian Constitution cannot be altered to accommodate the defections of these former lawmakers.
The visit by the PDP caucus, led by Awaji-Inombek Abiante, included several other federal lawmakers representing various constituencies within Rivers State. This collective show of support underscores the caucus’s commitment to challenging the legitimacy of the defectors and upholding their interpretation of the law. The situation remains politically charged, with both sides holding firm to their respective interpretations of the law and the consequences of the lawmakers’ defection. The future course of action, including potential legal challenges and by-elections, will likely determine the final composition and authority of the Rivers State House of Assembly.
