The Nigerian Opposition Lawmakers Coalition has rejected a Federal High Court judgment that declared the defection of 27 sacked Rivers State lawmakers a pre-election issue.
They insisted that the judgment is an assault on constitutional democracy and that Rt. Hon. Oko Jumbo remains the legitimate Speaker of the Rivers State House of Assembly based on existing High Court judgments and rulings recognizing him as such.
On Friday, the Federal High Court in Abuja dismissed a defection suit against the 27 former members of the Rivers State House of Assembly. The suit sought to replace the lawmakers due to their defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC), but it was dismissed.
Justice Peter Lifu, who delivered the judgment, held that the suit, filed by the Action People’s Party (APP), was statute-barred because it was not filed within the 14-day period allowed by law. He argued that the defection of lawmakers is a pre-election issue, which must be raised within that timeframe.
The judgment could alter the interpretation of what constitutes a pre-election issue, as defection is not traditionally regarded as such.
However, the opposition coalition, through its spokesperson Hon. Ikenga Imo Ugochinyere, responded at a world press conference, stating that the lawmakers’ seats remain vacant because, according to the law, they defected to the APC and are no longer members of the PDP. Ugochinyere also pointed to several valid High Court rulings that have restrained the 27 lawmakers from illegally presenting themselves as members of the assembly while declaring Oko Jumbo the legitimate Speaker of the Rivers State House of Assembly.
Ikenga reaffirmed that Oko Jumbo remains the Speaker and that the coalition plans to appeal the ruling.
The Opposition considered it highly unusual and legally unfounded that issues of defection, which can occur anytime during a lawmaker’s four-year mandate, are now being declared a pre-election matter subject to the 14-day timeframe, as if they were primary election issues.
Ikenga explained that the constitution recognizes pre-election issues as primarily related to party primaries, not defection, which must first be ruled on by the court before any by-election can be conducted.
Expressing optimism that the judgment would be overturned on appeal, the lawmakers referenced a High Court judgment from months prior, barring the 27 sacked lawmakers from presenting themselves as assembly members. They added that this ruling remains valid and has not been voided by any higher court.
They also noted that the Local Government election in the state will proceed on October 5 as scheduled, stating that neither the constitution nor the electoral act allows a court to halt elections.
“We completely reject the Federal High Court judgment of September 20, declaring the defection of the 27 sacked Rivers State lawmakers a pre-election issue. Their seats remain vacant because, in accordance with the law, they defected to the APC and are no longer members of the PDP,” they said.
“It’s well-known that these 27 lawmakers publicly defected to the APC and have, at various times, submitted affidavits in a suit at the Federal High Court, Suit No. FHC/ABJ/1681/CS/2023, confirming their membership of the APC due to the alleged crisis in the PDP.
“Oko Jumbo is still the Rivers Assembly Speaker, and this ruling will be appealed. We are confident that nothing will stop the state governor, Siminalayi Fubara, from completing his tenure and possibly winning a second term if he chooses.”
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