The Peoples Democratic Party (PDP) has declared full control over Rivers State, asserting that Governor Siminalayi Fubara and the party now dominate the state’s political landscape.

The PDP, in a statement by its National Publicity Secretary, Debo Ologunagba, on Saturday, claimed that all legislators who defected to the All Progressives Congress have forfeited their seats, citing constitutional provisions.

On Tuesday, the Rivers State Government dismissed a call on the state House of Assembly by the Caretaker Committee of the APC in the state to commence impeachment proceedings against Fubara.

Ologunagba emphasized that legal considerations now overwhelmingly favour the PDP, dismissing the APC’s claims as futile attempts to subvert Nigeria’s constitution.

He stated, “It is indeed pathetic for the APC to think that the facts and true import of Section 109 (1) (g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) to the effect that the former lawmakers have since lost their seats can be muddled and lost in litigation and lengthy press statements.

“Interestingly, in the failed bid to subvert the Constitution to give the former members of the Rivers State House of Assembly a lifeline, the APC ended up admitting the clarity of the provision of Section 109(1)(g) of the 1999 Constitution (as amended) in voiding their seats upon their defection.

“For the avoidance of doubt, Section 109 (1)(g) of the Constitution is clear in providing that “a member of a House of Assembly shall vacate his seat in the House if – being a person whose election to the House of Assembly was sponsored by a political party, he becomes a member of another political party before expiration of the period for which that House was elected:

“Provided that his membership of the latter political party is not as a result of a division in the political party of which he was previously a member or of a merger of two or more political parties or factions by one of which he was previously sponsored.”

Ologunagba said that all House of Assembly members who joined the APC are now former members.

He urged both the APC and the legislators to abandon any hopes of their party assuming control of Rivers State.

“The former members of the Rivers State House of Assembly, for reasons best known to them, wittingly vacated and summarily lost their seats as nothing in the proviso protects or allows them to retain their membership of the Rivers State House of Assembly after decamping from the political party upon which they were elected.

“These former members of the Rivers State House of Assembly have only themselves to blame for Constitutionally vacating their seats; a course which cannot be reversed or remedied. They should admit their miscalculation and bear the inescapable consequences.

“This is especially so as the Supreme Court, in the case of Abegunde vs Ondo State House of Assembly and Others, has since clarified and affirmed the import of the proviso in Section 109(1)(g) in validating the automatic vacation of a seat by a member of a Legislative House who defected from the Party upon which he was elected into that House.

“For the umpteenth time, the PDP cautions the APC to steer clear of Rivers State; it should perish the thoughts of forcefully taking over the State and stop exasperating the public space by seeking to reverse the irreversible.

“The APC should come to terms that with the vacation of seats by the former lawmakers, the quorum of the Rivers State House of Assembly will be determined by the number of the remaining lawmakers as provided by law; until a bye-election is conducted to fill the vacancies now existing in the Rivers State House of Assembly as a result of the defection by the former members,” Ologunagba further stated.

Amidst the many troubles rocking the Rivers State political structure, the APC on Friday stated that the “egregious actions” of Fubara are indicators of his impeachment process talks.

The All Progressives Congress (APC) says a statement by Siminalayi Fubara, governor of Rivers, that the members of the state’s house of assembly do not exist, was reckless.

On Monday, Fubara said the existence of members of the Rivers state house of assembly is based on his recognition.

In the past few months, Fubara and members of the Rivers state assembly have been at loggerheads.

The rift between the governor and Nyesom Wike, minister of the federal capital territory (FCT), has led members of the Rivers assembly to take sides.

In a statement on Friday, Felix Morka, spokesperson of the APC, said the state house of assembly is a creation of the constitution.

“Governor Fubara’s declaration that the Rivers State House of Assembly does not exist is not only reckless, it is a direct affront to the Constitution of the Federal Republic of Nigeria,” the statement reads.

“The House of Assembly is a creation of the Constitution, and vested with the legislative authority of the state.

“The members of the Assembly were elected by the good people of Rivers state in the same manner that Fubara was elected Governor.

“The Assembly does not exist at the Governor’s pleasure or fanciful whims. The legislature is at the core of the idea of democracy. It is co-equal with the executive and judicial arms of government.

“The constitutionally entrenched principle of separation of powers among the three arms of government guarantees essential checks and balances required to ensure observance of the rule of law. The rule of law is indispensable to democracy and constitutional order.

“If his declaration that the House of Assembly is nonexistent is based on the fact that the 27 members who decamped from PDP to APC have lost their seats, then Governor Fubara is sorely misled.”

Morka said the alleged attack by Fubara on the house of assembly and its leadership is disrespectful to the order of a court.

“Governor Fubara’s quest to repudiate the Constitution and govern in denial of the existence of the state legislature is, in and of itself, among other grounds, an impeachable offence,” he said.

“We strongly counsel Governor Fubara to submit himself to the dictates of the constitution and the rule of law.”

A federal high court in Abuja has restrained the Peoples Democratic Party (PDP) from replacing Umar Damagum as the acting chairman.

The suit, marked FCH/ABJ/CS/579/2024, was filed by Umar El-Gash Maina and Zanna Mustapha Gaddama on May 2.

The respondents in the suit are the PDP, the national working committee (NWC), the national executive committee (NEC), the PDP board of trustees (BoT), and the Independent National Electoral Commission (INEC).

Delivering a ruling on the motion ex parte on May 3, Peter Lifu, the presiding judge, made an interim order restraining the respondents from nominating anybody to replace Damagum as acting national chairman of the PDP, pending the determination of the motion on notice.

The defendants/respondents are hereby restrained in the interim from appointing, selecting, or nominating any person to replace Amb. Umar Illiya Damagum as national chairman or acting national chairman of the 1st defendant/respondent pending the hearing and determination of the motion on notice already filed, which is herein fixed against the 14th of May, 2024,” the judge ruled.

“The defendants/respondents, by themselves, agents, privies, or by any proxy, are hereby in the interim restrained from, according to recognition, any person other than Amb. Umar Illiya Damagum as acting national chairman of the 1st defendants/respondents or giving effect to or acting upon any document purporting to be signed by the national chairman or acting national chairman of the 1st defendant without the name and signature of Amb. Umar Illiya Damagum pending the hearing and determination of the motion on notice already filed in court in the instant suit.

“The applicants are herein ordered to enter into a fresh undertaking to pay damages to the respondents (to be assessed by the court) if, at the end of the day, it is discovered that this order ought not to have been granted or that the honourable court was misled into granting the same.”

The court adjourned the case to May 14 for a hearing of the motion on notice.

Damagum became acting chairman of the PDP following the suspension of Iyorchia Ayu in March 2023.

Before the NEC meeting in April, PDP members loyal to Atiku Abubakar, the former vice-president, had moved against Damagum over allegations that he was working for Nyesom Wike, minister of the federal capital territory (FCT).

Those demanding Damagum’s resignation also argued that there was a need for someone from the north-central to take over and complete Ayu’s tenure.