Outrage Over Court Ruling on Defection of 27 Rivers Lawmakers

Widespread anger and condemnation have followed the Federal High Court’s judgement, which dismissed a case challenging the defection of 27 sacked members of the Rivers State House of Assembly to the All Progressives Congress (APC).

The ruling, delivered on Friday by Justice Peter Lifu in Abuja, declared the decampment as a pre-election matter and dismissed the suit filed by the Action Peoples Party (APP).

The APP had sought to replace the lawmakers, who were loyal to the Minister of the Federal Capital Territory, Nyesom Wike, on the grounds that they had defected from the People’s Democratic Party (PDP) to the APC.

However, Justice Lifu ruled that the suit was statute-barred, as it was not filed within the 14-day period permitted by law.

The court’s decision has drawn sharp criticism from various quarters. Many Nigerians expressed their dissatisfaction, accusing the judiciary of compromising democratic principles.

Critics argue that such rulings undermine the integrity of the judicial process and set dangerous precedents.

Constitutional lawyer Barrister Tochukwu Oha, while addressing journalists, voiced his dismay over the judgement, suggesting that it appeared to cater to vested interests rather than uphold the law.

“I am bewildered at this joke of a ruling by the Federal High Court. I am in total disbelief that the court went against the law and introduced a new interpretation to the Constitution,” Oha said.

He highlighted that the 27 lawmakers had publicly declared their defection to the APC, even swearing affidavits to that effect in a related case, Suit No. FHC/ABJ/1681/CS/2023, which confirmed their membership in the APC due to an alleged crisis within the PDP.

“The law is clear,” Oha continued, “Once a member of a political party in the parliament defects to another party, when there is no internal crisis in their original party, their seat is automatically vacated.

The Rivers State House of Assembly had already taken the necessary steps and declared their seats vacant.”

Oha further pointed out that there was an existing court ruling, under Suit No. PHC/512/CS/2024, which restrained the 27 lawmakers from continuing to parade themselves as members of the Rivers State Assembly.

The lawyer expressed concern over what he described as “recklessness and rascality” in the judiciary, calling on the National Judicial Council (NJC) to take action to preserve the integrity of the courts.

“It is time the NJC sits up and purges the judiciary of any recklessness and rascality by some of its officers, who are bent on continuously disparaging the judiciary by delivering politically motivated judgements,” he stated.

The court’s decision is expected to have far-reaching implications, as it raises concerns about the role of the judiciary in upholding democratic principles, especially in cases involving political defections.