…Say It’s An Assault On Constitutional Democracy
Nigeria Opposition Lawmakers have rejected the Federal High Court judgement declaring the decampment of 27 sacked Rivers State lawmakers as a Pre-election issue.
The coalition lawmakers, who insisted that the judgement is an assault on constitutional democracy, added that nothing will stop Governor Siminalayi Fubara from completing his tenure and even winning a second term if he so pleases.
The group said that 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 had 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 (FCT), Nyesom Ezenwo Wike by Action Peoples Party (APP).
The suit seeking to replace the 27 lawmakers on account of their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) was dismissed.
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Justice Peter Lifu, who delivered the judgment held that the suit instituted by the Action Peoples 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 judgement which will alter the interpretation of what constitutes pre-election since decampment is not among the issues that constitute pre-election.
Reacting to this judgment, the Opposition Coalition Lawmakers, 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 PDP.
He added that there are many valid rulings of the High Court that have restrained them from illegally parading themselves 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.
“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,” he said.
Expressing optimism that the judgement won’t survive in Appeal Court, the lawmakers, made reference to the High Court judgement months ago barring the 27 sacked lawmakers from parading themselves, 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.