Confusion In PH Over Appeal Court Judgment On 27-Lawmakers

There was confusion in Port Harcourt the Rivers State capital on Thursday when the Court of Appeal reversed the judgment of a Rivers State High Court that nullified the membership of the 27 members of the House of Assembly that defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) last December.
The Court of Appeal sitting in Abuja held that the Rivers State High Court that delivered the judgment had no jurisdiction as it was only the Federal High Court that had the Constitutional jurisdiction to determine whether a member of the House of Assembly had lost their membership or not.
The 27 embattled legislators, who are loyalists of the Minister of the Federal Capital Territory, Chief Nyesom Wike, had appealed against the judgment of the Hon. Justice Charles Wali that nullified their membership of the House of Assembly. Apart from seeking a declaration of the Court of Appeal that the high court lacked jurisdiction to determine their membership of the House of Assembly, they also wanted the court to declare that they were still authentic members of the Rivers State assembly.
Though full details of the judgment were yet to be received, reactions have been pouring in to the judgment of the Court of Appeal.
However the Victor Oko-Jumbo-led faction of the House of Assembly has indicated its intention to appeal against the judgment of the Court of Appeal.
Oko-Jumbo, who presided over a brief sitting of the legislature in Port Harcourt on Friday said the assembly had directed its legal team to proceed to the Supreme Court to challenge the decision of the Court of Appeal.
He averred that the Court of Appeal judgment did not reinstate the 27 defected legislators as members of the House of Assembly. He therefore called on the Independent National Electoral Commission to conduct elections to fill the vacant seats of the 27 defected legislators.
At the sitting, the House of Assembly considered two executive bills: the Rivers State Transport Company Bill 2024 and the Rivers State emergency Management Bill 2024.
The National Democratic Coalition (NDC) said the court of appeal judgment has created new complications. The Executive Director of the coalition, Dr. Samson Iroegbunam, said the judgment would not stand the test of time, saying it marked a low point in Nigeria’s democracy.
The House of Representatives member representing Ideato North/South Federal Constituency of Imo State, Hon. Ikenga Imo Ugochinyere, said the judgment notwithstanding, the 27 Pro-Wike lawmakers remained sacked because the court did not decide the validity or otherwise of their continued membership of the House of Assembly after they defected.
“Pro-Wike 27 sacked Rivers lawmakers remain sacked, their seat remain vacant as Appeal court didn’t decide on the validity of their illegal decampment nor the declaration of their seat vacant.
“The Appeal Court focused on declaring that the Federal High Court is the only court with Jurisdiction to decide on the legality or illegality of decampment thereby ruling against Rivers High Court proceedings,” the federal legislators said.
“The former Speaker Edison Ehie led House votes and proceedings that declared the seats of the 27 lawmakers vacant is still valid and subject of pending litigation and the vacant seats of the 27 lawmakers remains vacant and the actions of the House led by Ehie in declaring the seat vacant have not been declared null and void by any court.
“The local government Chairmen whose tenures have since expired remains expired and can’t be extended and was never extended,” he further said
“The Appeal Court has now created new complications with the judicial precedence it has set instead of giving rulings that stabilise Nigeria’s democracy and enhance the rule of law.
“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’”
Mr. Segun Oluojomu said the Appeal Court’s judgment has only set the pace for the matter to go up to the Supreme Court.
“These people are making the judiciary look ridiculous. A set of assembly members who willingly defected are now saying they are still members of the party they ditched and the federal court is supporting them because of we all know. No justice in Nigeria,” said Emmanuel Elohor Ikpeba.
Another respondent, John Goodluck said, “The judiciary will set this nation on fire. They must go to the street to feel the impact of their judgment that doesn’t go well with the citizens. The judiciary is encouraging insecurity and economic devastation with their judgments.”
Mr. Dikio Dennis, another Port Harcourt resident, said he was worried about conflicting judgments that emanate from the judiciary. “I don’t really trust the judiciary because of conflicting verdicts of courts of coordinate jurisdiction and other issues. God has the final say. One thing is clear; God will not allow Rivers State to be controlled anymore by hijackers of our collective resources and leaving the masses in penury,” Dennis said.
Meanwhile, the Caretaker Committees of the 23 local governments have continued with their operations in temporary office accommodation while the police were still occupying the local government secretariats.