Legal experts criticise Court’s ruling on 27 Rivers Lawmakers’ defection as pre-election matter

A legal expert, Barr. Tochukwu Oha amongst other well meaning Nigerians has condemned the Federal High Court’s ruling in Abuja, which declared the defection of twenty-seven sacked Rivers State lawmakers a pre-election issue.

On Friday, the court dismissed a defection suit filed against the 27 former members of the Rivers State House of Assembly, who are loyal to the Minister of the Federal Capital Territory (FCT), Nyesom Ezenwo Wike.

The suit, which sought to replace the lawmakers on the grounds of their defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC), was dismissed.

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Justice Peter Lifu, who delivered the judgment, held that the suit brought by the Action People’s Party (APP) was statute-barred, as it was not filed within the 14 days allowed by law.

This development has been met with criticism from well-meaning Nigerians, who argue that rulings like this undermine democracy.

Some lament that certain judicial officers are contributing to the erosion of democratic values.

Barr. Tochukwu Oha expressed his dismay to journalists, stating that the Federal High Court had introduced a new interpretation to the constitution.

According to him, the court’s decision was shameful, and if not overturned by an appellate or supreme court, it could spell trouble for the nation.

He called on the National Judicial Council (NJC) to cleanse the judiciary of officers whose actions he described as reckless and detrimental to its integrity.

Oha stated, “I’m bewildered by this joke of a ruling from the Federal High Court. I am in total disbelief that the court went against the law and introduced a new interpretation to the constitution.

These sacked lawmakers publicly defected to the APC and have, at various times, sworn affidavits, even in a suit at the Federal High Court (Suit No. FHC/ABJ/1681/CS/2023), confirming they are now members of the APC due to the alleged crisis in the PDP.

“The law is very clear on this issue: once a member of a political party in parliament defects to another party, and there is no crisis in their former party, their seat should be declared vacant.

Their defection is a completed act, and the leadership of the Rivers State House of Assembly has already declared their seats vacant.

Additionally, there is a subsisting court order (Suit No. PHC/512/CS/2024) restraining the 27 lawmakers from parading themselves as members.

“It’s time for the NJC to take decisive action and rid the judiciary of reckless and rogue officers who continually damage its integrity by issuing politically motivated judgments.”

NIGERIAN TRIBUNE