CurrentReport Blog A wave of condemnation has followed the Federal High Court ruling that dismissed the defection suit against 27 sacked members of the Rivers State House of Assembly. The judgment, which classified the lawmakers’ decampment from the People’s Democratic Party (PDP) to the All Progressives Congress (APC) as a pre-election issue, has sparked outrage among legal experts and the general public.
On Friday, Justice Peter Lifu of the Federal High Court, Abuja, ruled that the suit filed by the Action Peoples Party (APP) was statute-barred. According to the court, the case should have been filed within 14 days, as stipulated by law. This decision effectively upheld the defection of the 27 lawmakers, who are loyal to the Minister of the Federal Capital Territory, Nyesom Wike.
Legal practitioners and civic groups have expressed their dissatisfaction with the ruling, accusing the judiciary of compromising democratic values. Many argue that such judgments set a dangerous precedent and undermine the rule of law.
Barrister Tochukwu Oha, a constitutional lawyer, voiced his displeasure during a press briefing, claiming that the Federal High Court’s interpretation of the Constitution appeared to serve vested political interests.
“I’m bewildered at this joke of a ruling by the Federal High Court. These sacked lawmakers publicly decamped to the APC and even deposed to affidavits confirming their defection due to alleged crises in the PDP. The law is clear: when no crisis exists in a political party, a lawmaker’s defection should lead to the declaration of their seat as vacant,” Oha remarked.
He further highlighted that the leadership of the Rivers State House of Assembly had already declared the lawmakers’ seats vacant, citing an ongoing legal battle (Suit No. PHC/512/CS/2024) restraining the lawmakers from representing themselves as members of the Assembly.
Oha called on the National Judicial Council (NJC) to act swiftly and address what he described as judicial “recklessness and rascality,” noting that judgments like these erode public trust in the judiciary.
As public anger grows, many are calling for the judiciary to maintain its independence and prioritize the integrity of Nigeria’s democracy.