The Nigerian Opposition Lawmakers Coalition has strongly rejected a Federal High Court judgment that categorized the defection of 27 sacked lawmakers from Rivers State as a pre-election issue.
They contend that this ruling undermines constitutional democracy, asserting that Rt. Hon. Oko Jumbo is the legitimate Speaker of the Rivers State House of Assembly, a position supported by several existing High Court rulings.
On September 20, the Federal High Court in Abuja dismissed a suit challenging the defection of the lawmakers from the People’s Democratic Party (PDP) to the All Progressives Congress (APC). Justice Peter Lifu, who presided over the case, ruled that the suit filed by the Action People’s Party (APP) was statute-barred for not being submitted within the mandated 14-day period.
He maintained that lawmakers’ defection is a pre-election issue and must adhere to this timeline.
This judgment raises significant questions about the interpretation of pre-election issues, as defection has not traditionally been classified as such.
In response, the opposition coalition, represented by spokesperson Hon. Ikenga Imo Ugochinyere, stated during a press conference, “We completely reject the Federal High Court judgment… Their seats remain vacant because, in accordance with the law, they defected to the APC and are no longer members of the PDP.”
Ugochinyere further noted the importance of prior High Court judgments that have barred the 27 lawmakers from representing themselves as assembly members, reiterating that Oko Jumbo is the rightful Speaker.
The coalition expressed concerns over the ruling’s implications, arguing, “It’s highly unusual and legally unfounded that defection issues, which can occur anytime during a lawmaker’s term, are now being declared a pre-election matter.”
According to Ikenga, the constitution specifies that pre-election issues should primarily pertain to party primaries, not defections, which require judicial review before any by-elections.
Optimistic about a potential overturn of the ruling on appeal, the lawmakers referenced a prior High Court decision that remains unchallenged. They also confirmed that local government elections in the state will proceed as scheduled on October 5, emphasizing that neither the constitution nor the electoral act permits a court to halt elections.
“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,” Ikenga added, reinforcing their stance on the legitimacy of Oko Jumbo’s position.
