CJ Reassigns Rivers Assembly Case to New Judge

*National, state PDP fail to agree on legal representation

*Court to hear matter July 17 

Blessing Ibunge in Port Harcourt

The Chief Judge of the Federal High Court Abuja, Justice John Tsoho has reassigned the suit filed by BOOT Party challenging the defection of the embattled Speaker of Rivers State House of Assembly, Martin Amaewhule and 25 other lawmakers in the state.

The BOOT party had filed the suit in FHC/PHC/269/2024 before Justice Stephen Daylop-Pam, seeking the court to declare the seats of the lawmakers vacant following their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), over disagreement that ensued between Governor Siminalayi Fubara and the FCT Minister, Nyesom Wike.

Earlier, during the last sitting on June 24, the embattled lawmakers urged the court to transfer the matter to another court, but the trial Judge, Justice Daylop-Pam informed the parties that he was yet to receive the written petition for stay of proceedings by his court to the chief judge of the FHC Abuja.

The lawmakers were demanding that the case be stopped pending the position of court of appeal on the same subject matter.

Justice Daylop-Pam adjourned the matter for hearing Friday, since the petitioner was deemed not to have been before the court since he hadn’t filed any response to the court.

But the legal representatives and litigants were thrown into shock, when the registrar informed parties that the matter has been reassigned to court two, presiding by Justice E. O. Obele.

At the resume sitting before justice Obele, there was contention by two legal Senior Advocates of Nigeria (SAN) claiming to be the authentic legal representation of PDP who are seeking for joinder in the matter.

Mr Joshua Musa (SAN) informed the court that he was directed by the state legal adviser to represent the party in the matter. 

Musa made reference to the judgment of a federal high court involving Desmond Akawo, former state PDP chairman, arguing that the state legal adviser has the power to appoint legal representative of the party at the state level.

But Mr Bola Rasaq Gold (SAN) in his submission told the court that he was briefed by the National Legal Adviser of PDP to stand in for the party and that the same federal high court judge been referred to by the state legal representative had in another case interpreted the constitution of the party in favor of the national legal adviser of PDP. 

He said in the matter the court held that it is only the national legal advisor of PDP that can instruct, defend and represent the party in any legal matter.

Presiding judge, Justice Obele, thereafter adjourned the matter to July 17, 2024 to commence hearing and directed two counsels for PDP to resolve their issues internally before returning to the court.

Speaking with journalists outside the courtroom, Rasaq Gold who represented the National legal Adviser of the PDP, said “We came from the national office to represent PDP and my brother said he is presenting the party from the state. So the court said we should go and resolve that. 

“The state officer cannot give instruction for somebody to represent PDP, we have only one PDP and the party is not created for states. We are talking about the defection of members to another party, and if there will be rerun, is going to involve other political parties not just PDP”, he added.