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The ruling of the Federal High Court, Abuja dismissing the defection suit instituted against the 27 sacked Rivers State lawmakers as a pre-election issue has sent shockwaves across the country.
The lawmakers, who are loyalists of the Minister of the Federal Capital Territory, Nyesom Wike, had defected from the Peoples Democratic Party, PDP, to the All Progressives Congress, APC, resulting in the declaration of their seats in the Rivers State House of Assembly vacant.
The suit, which was instituted by the Action Peoples Party, APP, sought to replace the 27 lawmakers on account of their defection.
Justice Peter Lifu, who delivered the judgement, held that it was statute-barred, having not been filed within 14 days allowed by law.
The ruling has shocked many well-meaning Nigerians, who felt that some judicial officers have become a threat to the survival of democracy in the country.
One of such outraged Nigerians, Mr Tochukwu Oha, a constitutional lawyer, told briefing journalists that the Federal High Court’s ruling was designed to please some vested interests, hence the introduction of a new twist to the constitution.
“I’m bewildered at this joke of a ruling by the federal high court. I’m in total disbelief that the court went against the law and introduced a new interpretation to the Constitution,” he said.
“These sacked lawmakers publicly decamped to APC and have at various times deposed to affidavits, even in a suit at the Federal High Court in Suit No. FHC/ABJ/1681/CS/2023, that they’re now members of the APC owing to the alleged crisis in PDP.
“The position of the law in this respect is very clear, that once a member of a political party in the parliament defects to another political party when no crisis exists in his political party, such a seat is declared vacant.
“Their act of defection is a completed act and the leadership of the House of Assembly of Rivers State has done the needful and it’s no longer an issue that their seats have since been declared vacant.
“Let it also be known that presently there’s a subsisting court pronouncement in Suit No. PHC/512/CS/2024 restraining the 27 lawmakers from parading themselves.”
Oha urged the National Judicial Council, NJC, to step in and halt the damage being done to the judiciary by some judicial officers.
“It’s time that the NJC sat up and purged the judiciary of any recklessness and rascality by some of its officers bent on continuously disparaging the integrity of the judiciary by delving into the muddy waters of politics by judgements emanating from their courts,” he noted.
