The National Democratic Coalition (NDC) has condemned the Court of Appeal, Abuja, for its judgment reinstating the seats of 24 lawmakers who defected from the People’s Democratic Party (PDP) to the All Progressive Congress (APC), calling it a low point in Nigeria’s democracy.
Rejecting the judgment, the NDC stated that the court has effectively given politicians a license to defect from the parties they were elected under without facing consequences. The appellate court dismissed an order from the Rivers State High Court that had restrained the 24 members of the Rivers State House of Assembly, led by Martin Amaewhule, from parading themselves as members of the Assembly. This decision reinstates the lawmakers despite the Constitution of the Federal Republic of Nigeria (as amended) explicitly stating that they forfeited their seats by defecting.
Dr. Samson Iroegbunam, Executive Director of the coalition, criticized the Court of Appeal’s ruling as providing cover for illegality, asserting that the former lawmakers cannot hide under a law they disregard.
Additionally, the Coalition found it confounding that the Court of Appeal based its ruling on the logic that only the Federal High Court, and not State High Courts, has jurisdiction to determine cases of tenures and vacancies of the House of Assembly, Governors, and President. This, despite the Constitution not specifying which court should hear such disputes.
The Coalition declared that the reinstatement of the former Rivers State House of Assembly members is against the rule of law, undemocratic, and provocative, potentially jeopardizing the fragile peace in the state. They highlighted that the ruling has increased concerns about allegations against the Judiciary.
“The Appeal Court has now created new complications with the judicial precedence it has set instead of giving rulings that stabilize Nigeria’s democracy and enhance the rule of law,” Iroegbunam said.
The NDC urged the people of Rivers State to remain calm, assuring that the judgment would not withstand the test of time, especially as democratic-minded stakeholders plan to pursue the matter to the Supreme Court until the will of the people is respected.
“Nigerians should stand up to defend the Constitution of the Federal Republic of Nigeria which in Section 109. (1) (g) clearly stated that ‘A member of a House of Assembly shall vacate his seat in the House if being a person whose election to the House of Assembly was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected,” he added.
