Rivers Assembly: Condemnation Trails Court’s Judgment On 27 Defected PDP Lawmakers

ABUJA – Barrister Tochukwu Oha, a constitutional lawyer, has condemned the judgement of Justice Peter Lifu of the Federal High Court Abuja, which on Friday, dismissed a suit seeking to compel the Independent National Electoral Commission (INEC) to conduct a fresh or by-election to replace the 27 Peoples Democratic Party members of the Rivers State House of Assembly who defected to the All Progressives Congress in December 2023.

Reacting on the judgment, Barrister Oha expressed dismay that the Federal High Court introduced a new interpretation to the Constitution of the Federal Republic of Nigeria.

“What the court did today, going against the law is shameful” the lawyer said, adding that, “if it’s not overturned by the appellate or Supreme Court, then the nation is in trouble.

He, therefore, called on the National Judicial Council, (NJC) to purge the judiciary of any recklessness and rascality by some of its officers, hellbent on continuously disparaging its integrity.

“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.

“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 are 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 acts of defection are completed acts 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.

“It’s time that the NJC sits up and purge 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 judgments emanating from their courts” Barr. Oha stated.

The lawyer wondered why the court declared the defection of the 27 Rivers State PDP lawmakers as a pre-election matter.

Justice Lifu had dismissed the suit instituted against the 27 former members of the Rivers State House of Assembly loyal to the Minister of the Federal Capital Territory (FCT), Nyesom Ezenwo Wike.

The court held that the suit instituted by the Action Peoples Party (APP) was statute barred having not been filed within 14 days allowed by law.