₦airaland Forum

EXCLUSIVE: Pro-Wike Rivers Lawmakers Secretly Withdraw Court Affidavit Confirming Defection From PDP To APC

Hon Martin Chike Amaewhule-led pro-Wike lawmakers in Rivers State have secretly withdrawn part of an affidavit they sworn to at the Federal High Court in Abuja, confirming their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), SaharaReporters has learnt.

The lawmakers’ defection followed a rift between Nyesom Wike, the immediate former Governor of Rivers State and his predecessor, Siminalayi Fubara. The defected lawmakers are loyal to Wike, the current Minister of the Federal Capital Territory.

Sources told SaharaReporters the lawmakers were at the Federal High Court in Abuja on Wednesday to secretly withdraw part of the affidavit, where Amaewhule swore on oath in Suit No: FHC/ABJ/CS/1681/2023, that he and 26 other lawmakers in Rivers State House of Assembly were constrained to defect and join the APC on December 5, 2023.

The defection was blamed on the state of "uncertainty and confusion" in their former party – PDP.

SaharaReporters gathered that they succeeded in withdrawing the affidavit, the basis upon which they got court orders that kept them in office.

Following their defection and swearing of oath at the high court, the lawmakers were also received by officials of their new party, APC.

“Today, pro-Wike lawmakers went to the Federal High Court to withdraw the affidavit they swore in court that that they have defected from PDP to APC.

“They quietly withdrew the affidavit. On the basis of this affidavit, they got court orders to keep their seats and were received by the APC,” a top judicial source told SaharaReporters.

In the suit, the Independent National Electoral Commission (INEC), Peoples Democratic Party (PDP), Rivers State House of Assembly, Clerk of Rivers State House of Assembly, Inspector General of Police and Department of State Services (DSS) were listed as the 1st to 6th Defendants/Respondents respectively.

Amaewhule and others had sworn in Paragraph 14, forming part of affidavit secretly withdrawn that “faced with the state of uncertainty and confusion in the 2nd Defendant caused by the division in the political party, the Plaintiffs were constrained to defect and joined the All Progressives Congress (APC) on 5th December, 2023 as stated above”.

Similarly, in Paragragh 15, they had sworn that “angered by the action of the Plaintiffs, the 2nd Defendant has been threatening fire and brimstone against the Plaintiffs. The 2nd Defendant has followed this up by holding a press conference addressed by the National Publicity Secretary, Debo Ologunagba, where the 2nd Defendant prayed the 1st Defendant to withdraw the Certificates of Return issued to the Plaintiffs and organise and hold fresh elections to fill the seats of the Plaintiffs”.

In Paragraph 16, they swore “that apart from the 2nd Defendant, persons and political parties not concerned with the defection of the Plaintiffs to the APC have also been mounting pressure on the 1st Defendant (INEC) to declare the seats of the Plaintiffs vacant".

Amaewhule further avowed in paragraph 17, that a similar situation arose in Edo State wherein the same "2nd Defendant asked the 1st Defendant to declare the seats of 14 Members of the Edo State House of Assembly vacant, and the court resolved the matter by maintaining the status quo.

He insisted in paragraph 18 of the affidavit that unless the court restrained, "the Independent National Electoral Commission INEC which is 1st Defendant and or the 3rd Defendant (Rivers State House of Assembly) will not only declare the seats of the Plaintiffs vacant, but the 1st Defendant will withdraw their Certificates of Return and prevent them from carrying out their constitutional duties and functions."

SaharaReporters gathered that upon this affidavit in support of their motion for interlocutory injunction, which the lawmakers have just withdrawn, Hon. Justice Donatus U. Okorowo on December 15, 2023, granted an order restraining the Independent National Electoral Commission (INEC) and the Rivers State House of Assembly from declaring vacant the seats of the 27 members of the Assembly, led by Amaewhule.

Justice Donatus Okorowo, in an ex-parte ruling, also restrained INEC from conducting fresh elections to fill the seats of the 27 lawmakers, who had announced, in the legislative chamber, their defection from the PDP to the APC.

The judge gave an “order of interim injunction restraining the first and third defendants/respondents (INEC and Rivers Assembly), either by themselves, their officials, officers, servants, agents, servants, staff or privies (anyhow so-called), from declaring vacant or taking any steps whatsoever to declare vacant the seats of the plaintiffs/applicants at the Rivers State House of Assembly; from withdrawing the plaintiffs/applicants’ respective certificates of return and from conducting fresh elections to fill in the seats of the plaintiffs/applicants at the Rivers State House of Assembly, pending the hearing and determination of the motion on notice.

“An order of interim injunction restraining the first defendant/respondent (INEC) from conducting fresh elections to fill the seats of the plaintiffs/applicants in the Rivers State House of Assembly, pending the hearing and determination of the motion on notice.

“An order of interim injunction restraining the defendants/respondents, jointly and or severally, by themselves or their servants, agents, officials, officers, staff, delegates of other persons deriving authority from them (anyhow so-called), from interfering with or impeding in any way or attempting to interfere with or impede in any way the performance of the plaintiffs’ official and legislative functions as the Speaker, the Deputy Speaker and members, respectively, of the Rivers State House of Assembly, pending the hearing and determination of the motion on notice.

“An order of interim injunction restraining the defendants/respondents, jointly and or severally, by themselves or their servants, agents, officials, officers, staff, delegates or other persons deriving authority from them (anyhow so-called), from interfering with or impeding in any way or attempting to interfere with or impede in any way, the full enjoyment of the official rights and privileges of the plaintiffs/applicants as the Speaker, the Deputy Speaker and members, respectively, of the Rivers State House of Assembly, pending the hearing and determination of the motion on notice".

AcuraZDX:
Nigeria politicians have turn court rooms to playground.
The judiciary have lose their values.

EmeeNaka:
If they successfully do that, then Fubara's group will not be able to prove that they defected and he will fail in his quest to remove them.

Saao:
What about the video evidence?

RoxyBrownAutos:
Even if they withdrew the affidavit, PDP and Governor Fubara has their own copy of the affidavit. The court where the affidavit was issued have a duplicate copy of the affidavit.

Benbellamor:
They have to withdrew it so as to do it properly... They have to go through the wards...after acceptance into their respective APC wards. They will then proceed to next thing which is to file an affidavits...so as it stands now...the withdrawn affidavit is a nulity void & of no effect... Can't be used for or against them...smart

EmeeNaka:
Video evidence can't hold water. Fubara and his group must insist that the affidavit remain part of the court contest. I have never learnt that someone can withdraw affidavit like that. That's like lying to court.