An order of a Federal High Court purportedly issued by Justice Donatus Okorowo, halting the removal of 27 lawmakers in Rivers State House of Assembly, over their defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC), has gone viral in the social media.
The ruling which according to the court document would have been issued on Monday, suddenly surfaced in the social media 24 hours before delivery.
According to a copy of the ruling, Justice Okorowo in granting an exparte order restrained the Independent National Electoral Commission (INEC), PDP, Rivers State House of Assembly, the Clerk of Rivers State House of Assembly, the Inspector General (IG) of Police and the Department of State Service (DSS), from taking any steps to remove the 27 lawmakers from office over their defection.
The purported ruling in the suit marked: FHC/ABJ/CS/1681/2023, is dated Monday, December 18, 2023, although not signed by the judge.
Besides, the purported ruling did not state who filed the suit or moved the exparte application on behalf of the plaintiffs/applicants.
“By this urgent application, the Plaintiffs/Applicants are praying this Honourable Court for 5 (five) interim injunctive reliefs.
“I have carefully listened to the submissions of the Learned Senior Counsel and also considered the affidavit of Rt. Hon. Honourable Martin Chike Amaewhule (the 1” Plaintiff) in support of the motion, the documentary evidence marked EXHBITS Al — A5, BiBS and C as well as the Written Address in support.
“The urgency of the subject matter of this Suit is abundantly clear from the affidavit evidence and the supporting documents. This court is eminently vested with the requisite jurisdiction to consider an application of this nature in the circumstances having regard to the provisions of Order 26 Rule 5 of the Federal High Court”, the document read in part.
While observing that the court have a duty to intervene in really urgent Situations such as this, the court held that it cannot ignore the import of evidence tendered before it which have affected the legal rights of the Applicants and necessitated them to find refuge by defecting to the All Progressives Congress (APC).
“In the circumstances, there is urgent need to protect the seats of the Plaintiffs/Applicants from declared vacant by the Defendants or being hampered in the performance of their legislative function”, the court held.
Adding that, “For the avoidance of doubt, An interim order of injunction is hereby made restraining: The 1” and 3” Defendants, either by themselves, their officials, officers, servants, agents, staff or privies from declaring vacant or taking any steps whatsoever to declare vacant the seats of the Plaintiffs/Applicants at the Rivers State House of Assembly; from withdrawing the Plaintiffs/Applicants’ respective Certificates of Return and from conducting fresh elections to fill in the seats of the Plaintiffs/Applicants at the Rivers State House of Assembly, pending the hearing and determination of the Motion on Notice.
“The 1st Defendant from conducting fresh elections to fill in the seats of the Plaintiffs/Applicants in Rivers State House of Assembly, pending the hearing and determination of the Motion on Notice”.
Besides the court restrained the Defendants from interfering with or impeding in any way or attempting to interfere in any way the performance of the Plaintiff’s official and legislative functions as the Speaker, the Deputy-Speaker and members, respectively, of the Rivers State House of Assembly, pending the hearing and determination of the Motion on Notice.
The judge subsequently fixed Wednesday, January 17, 2024, for hearing.
Meanwhile, the Centre for Africa Liberation and Socioeconomic Rights (CALSER) has raised an alarm over an alleged plot by some members of the Rivers State Assembly to thwart the conduct of by-elections in the state.
In a parley with newsmen, the Centre, claimed that the lawmakers plan to approach the courts to challenge the legality of the letter sent to the Independent National Electoral Commission (INEC) to conduct by-elections to fill the vacuum created as a result of their defection to another political party.
Accordingly, Convener of the group, Princess Ajibola, urged the lower courts not to allow itself to be used to undermine the stability of the country by rejecting any overtures from the 27 defected lawmakers in the Rivers State House of Assembly.
“The position of the Supreme Court is clear about defection from one political party to another, Section 109. (1) (g) of the Nigeria constitution clearly states 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.
“We must recall that in 2022, a Federal High Court in Abuja sacked 16 Ebonyi House of Assembly members for defection. The court held that the movement breached Section 109(1)(g) of the 1999 Constitution as amended, providing that defector legislators are not allowed to retain their legislative seats.
“The same provisions were also applied in Cross River state, including the Federal House of Representatives. Suppose this is the position of the 1999 Constitution of the Federal Republic of Nigeria as amended in Section 109(1)(g). In that case, the lower courts do not have the jurisdiction to entertain any matter of defection from one political party to another”, she stated.
Besides , the Centre reminded the lower courts that any attempt to entertain the planned suit by the 27 defected members of the Rivers State House of Assembly would amount to turning the law on its head.
They expressed confidence that the 27 defected lawmakers do not have any locus standi to approach the courts to challenge the legality of the letter sent to the Independent National Electoral Commission to conduct by-elections to fill the vacant seats.
“If the lower courts entertain such a matter, it would amount to judicial rascality and with its attendant implications for the growth and development of democracy in Nigeria.
“Nigerians must resist the planned judicial rascality in Rivers State. The plan by the 27 defected lawmakers must be resisted by all and sundry. The lower courts must prove to Nigerians that the judiciary is the dispenser of Justice, protector of the rights of the people, and guardian protector of the Constitution of the State”, they added.
Credit: The Sun
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