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Court’s ruling on 27 Sacked Rivers lawmakers assault on constitutional democracy – NASS coalition Legislators

Kenneth Onyekwere by Kenneth Onyekwere
December 27, 2024
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The Opposition Coalition Lawmakers in the National Assembly have rejected the federal high court judgment that ruled in favour of sacked 27 Rivers State lawmakers.

The lawmakers insisted that the Judgement was an assault on constitutional democracy and Rt.Hon.Oko Jumbo Remains the valid Speaker Of Rivers State House of Assembly based on existing High Court Judgements and rulings recognising as such.

The Federal High Court in Abuja, 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 (FCT), Nyesom Ezenwo Wike by APP Action People’s Party.

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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 judgment held that the suit instituted by the Action People’s Party APP was statute barred having not been filed within 14 days allowed by law because in his thinking decampment of lawmakers is a pre-election issue. A judgment which will alter the interpretation of what constitutes pre-election since decampment is not among the issues that constitute pre-election.

Reacting on the issue at a world press conference by its spokesperson, Hon. Ikenga Imo Ugochinyere stated that the pro-Wike lawmakers’ seats remain vacant because in line with the law they defected to APC and are no longer members of the Peoples Democratic Party (PDP).

He stated that there are many valid rulings of the High Court that have restrained them from illegally parading as lawmakers and declaring Oko Jumbo as the Valid Speaker of the Rivers State House of Assembly.

Ikenga said Oko Jumbo remains the Speaker of the Rivers State House of Assembly, and they are going to appeal the ruling.

Read also: Court rejects bid to oust 27 Pro-Wike lawmakers

The Opposition considered it very strange and unknown to law that issues of decampment which can happen any time within the four years mandate of a lawmaker has now been declared a pre-election issue that must come within 14 days like primary election.

The constitution recognises issues of pre-election around primary election and not decampment which can only be established once the court first rules on it before the by-election can be conducted and hence can’t be termed pre-election.

Expressing optimism that the judgment won’t survive in Appeal Court, the Lawmakers, made reference to the High Court Judgement months ago barring the 27 sacked lawmakers from parading, adding that it still remains valid and has not been voided by any higher court.

They added that the Local Government election in the state will go on the 5th of October as scheduled and nothing can stop it as the constitution and electoral act have said no court can stop the conduct of elections.

They said, “We totally reject the federal high court judgment today September 20, declaring the decampment of 27 sacked Rivers State lawmakers as a Pre-election issue. The pro-Wike lawmakers’ seats remain vacant because in line with the law they defected to APC and are no longer members of the Peoples Democratic Party (PDP).

“It’s widely known that these 27 Law makers 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.

“Oko Jumbo is still Rivers Assembly Speaker and this ruling will be appealed. We are optimistic and nothing will stop the state governor, Siminalayi Fubara from completing his tenure and even winning a second term if he so please.

Tags: Rivers StateRivers State Law Makers
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