Anger and condemnation have continued to trail the federal high court judgement declaring the decampment of 27 sacked Rivers State lawmakers as a pre-election issue.
The Federal High Court in Abuja on Friday dismissed a defection suit instituted against the 27 former members of the Rivers State House of Assembly loyal to the Minister of the Federal Capital Territory, Nyesom Wike.
The suit seeking to replace the 27 lawmakers on account of their defection from the People’s Democratic Party, PDP, to the All Progressives Congress, APC, was dismissed.
Justice Peter Lifu, who delivered the judgement, held that the suit instituted by the Action Peoples Party, APP, was statute-barred having not been filed within 14 days allowed by law.
The development has been frowned upon by well-meaning Nigerians who lamented that a ruling like this is proof that some judicial officers will ruin democracy.
But Barrister Tochukwu Oha, a constitutional lawyer, while briefing newsmen, lamented that the Federal High Court, in a bid to please some vested interests, introduced a new interpretation to the constitution.
Oha said: “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’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.
“It’s time that the NJC sits up and purges 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.”
