Renowned Nigerian lawyer and human rights activist, Femi Falana (SAN), has stated that the 27 lawmakers led by Martin Amaewhule, who defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), may never be reinstated.
Their seats were declared vacant in 2024 by Rivers State Governor, Siminalayi Fubara, following their defection. However, in July 2024, the Court of Appeal nullified their removal, ruling in their favor.
Dissatisfied with the verdict, Governor Fubara appealed to the Supreme Court, but on Monday, the apex court dismissed the case after the governor’s legal team withdrew it, citing that the matter had been overtaken by events.
While some legal experts argue that the ruling clears the way for the lawmakers to resume their roles, Falana insists they remain sacked. Speaking on Channels TV, he emphasized that according to Nigerian law, lawmakers automatically lose their seats upon defection unless their party is factionalized—a condition that did not exist in the PDP at the time of their defection.
Falana further revealed that the only active case regarding the matter is currently pending before the Federal High Court in Port Harcourt, with a hearing scheduled for February 17.
“The Supreme Court has made it clear that if you defect when your party has not broken down, you have lost your seat,” Falana stated.
With this legal battle far from over, the fate of the embattled lawmakers hangs in the balance.
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