A Federal High Court sitting in Port Harcourt has fixed August 21 to deliver a ruling on legal representation for the Peoples Democratic Party in a suit filed by the BOOT Party against Martin Amaewhule and 25 other lawmakers.
Members of the BOOT Party had filed a suit challenging the legitimacy of Martin Amaewhule and 25 of his colleagues to be considered members of Rivers State House of Assembly and PDP after defecting to the All Progressive Congress.
At the resumed hearing on Wednesday, the National Legal Adviser of the PDP, Kamaldeen Ajibade, in an application, to resolve the issue of legal representation asked the court to bar Joshua Musa, who announced an appearance for the state legal adviser.
Ajibade also asked the Court to scrap all processes filed by Musa on behalf of PDP and should allow himself to represent the party, referring the Court to an affidavit of joinder presented by Musa, especially paragraph 2 where the deponent, Kingsley Chukwu clarified that he obtained the instructions of the national to join in the matter.
The PDP National Legal Adviser argued that the two judgments from a Federal High Court as presented by MUSA never deprived him as the National Legal Adviser the sole right to oversee the legal affairs of the PDP but touched only articles 42 of the party constitution and urges to court not to recognize the appearance of MUSA as directed by the state legal adviser.
But Musa urged the court to discount every submission made by the PDP National Legal Adviser, Kamaldeen Ajibade, relying his argument on paragraph 2 of his affidavit in support of the joinder.
Musa further argued that the exhibits PDP 1 and 2 as represented by the PDP National Legal Adviser are unsigned documents which are valueless, describing them as concocted documents and urged the court not to recognise the latter to represent the party in the suit.
The Presiding judge, Justice E.O Obele, after listening to the counsel representing the parties adjourned to August 21 to rule on the rightful person to represent the PDP in the suit and for mentioned in the substantive suit.
Speaking to newsmen outside the courtroom, Ajibade said the law is clear on who to represent a political matter on legal issues and insisted that the national leadership of PDP is aware that Martin Amaewhule and 25 others have defected, hence have lost their seats.
He stated, “Our contention is that we only have one PDP and all the issues of defection you are talking about, were sponsored by the national headquarters. There is no party here (Rivers State that can sponsor a candidate).
“So the seats you are talking about belong to the PDP and it is only one PDP that was registered by INEC. So PDP Rivers cannot have the power to send a representation to the Court, to say otherwise.
“Particularly the contention here is that they are talking about the fact they are not aware of the defection. Meanwhile, the PDP National is of the position that Martin Amaewhule and the others have defected, and they have lost their seats. So saying otherwise here by the legal adviser in Rivers State is saying what is not the position of the national headquarters.”
Our correspondent reports that the court also adjourned to 21 August to hear the suit filed by members of the Civil Society Organisation in the state against the governor, Amaewhuele and his colleagues.