Ajibade spoke shortly after Justice Donatus Okorowo of a Federal High Court, Abuja, adjourned the 26 lawmakers’ suit until January 24, 2024.
By Jeffrey Agbo
The Peoples Democratic Party (PDP) has insisted that the 26 Rivers House of Assembly lawmakers who left the party for the All Progressives Congress (APC) were no longer members of the state legislature.
PDP National Legal Adviser, Adeyemi Ajibade, told the News Agency of Nigeria (NAN) on Thursday that although President Bola Tinubu might have intervened in the dispute between Governor Siminalayi Fubara and the FCT minister, Nyesom Wike, the party stands on what the constitution says about defection.
Ajibade spoke shortly after Justice Donatus Okorowo of a Federal High Court, Abuja, adjourned the 26 lawmakers’ suit until January 24, 2024.
“PDP as a party, we are standing on the side of the constitution of the country,” said Ajibade.
“It is not about issues of an agreement because by the constitution, we all sworn to uphold.
“The governor himself sworn to uphold the constitution likewise the president.
“I am not against the president calling for the resolution of the matter. He is the chief security officer of this country and he has every right to intervene in the issue.
“But besides that, we, as a political party, the PDP owns those seats and certainly we are interested in those seats.
“Whatever the governor is doing in this matter that concerns whether resolution on the issue, no resolution has been brought to Wadata Plaza on this matter.
“But as a political party, we cannot leave the seats and the votes willingly given to the party by people of Rivers State,” he added.
According to the senior lawyer, the constitution of the country is very clear; Section 109 (1g) is clear as to issues of defection.
“Even if you pick the writ of summon that was filed before this court, they said they actually defected,” Ajibade said.
“So they are only stating why they defected, that they have the right to defect based on the reasons given by them.
“So it is not an issue as to whether there was a defection or not and we cannot fold our hands. So we have to go to recover our seats.”
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Ajibade, who said the PDP challenged the jurisdiction of the court to hear the suit, added that if the court ruled that it has jurisdiction, the PDP would appeal it.
“If at the end of the day, if this court decided to maintain and insists that it has jurisdiction, then we will do the needful.
“We will study the ruling and if possible, we have higher court,” he said.
On what transpired in court, he said though the case was adjourned for hearing of interlocutory injunction, the PDP filed an objection that the court had no jurisdiction to entertain the matter.
He said though he opposed the plaintiffs’ application for the extension of the ex-parte order earlier granted by the court on December 15, he said it was unfortunate that other defendants who were supposed to take side with them did not oppose it, and the court granted the request.
“The court said based on the balance of probabilities, it decided to extend the order.
“The case has been adjourned to January 24, 2024, and on that day, our application challenging the jurisdiction of this court will be taken to see whether this court has jurisdiction on the matter.
“And we equally have an application, asking the court to set aside the earlier ex-parte order granted by the court for lack of jurisdiction,” he said.
Also speaking, Steve Adehi, lawyer to the 26 lawmakers (plaintiffs), said though they were in court with the hope of taking their interlocutory injunction, an issue regarding a change of counsel occurred.
He said the matter was adjourned to enable parties put their houses in order.
He said the court, however, made an order extending the lifespan of the interim order pending the hearing of the motion on notice scheduled to come up on January 24.