Opposition Lawmakers Coalition under the aegis of Coalition of United Political Parties (CUPP) on Friday rejected the Federal High Court judgement declaring the decampment of twenty-seven sacked Rivers State lawmakers as a pre-election issue.
The federal lawmakers who expressed overwhelming support for Governor Simi Fubara in a statement made available to Parliamentary Correspondents in Abuja, argued that the judgement is an assault on constitutional democracy and 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 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 People’s 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.
Justice Peter Lifu who delivered the judgment held that the suit instituted by the 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 constitute pre-election since decampment is not among the issues that constitute pre election.
But, the opposition coalition lawmakers, reacting 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 Peoples Democratic Party (PDP).
He added that there are many valid rulings of High Court that have restrained them from illegally parading 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 is 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 .
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, 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.
“We totally reject the Federal High Court judgement today September 20, declaring the decampment of 27 sacked Rivers State lawmakers as a Pre-election issue.
“The pro-Wike lawmakers seats remain vacant because in line with the law they defected to APC and are no longer members of the Peoples Democratic Party (PDP).
“It’s widely known that these 27 Law makers publicly decamped to APC and have at various times deposed to Affidavits even in a suit at the Federal High Court in Suit No. FHC/ABJ/1681/CS/2023 that they’re now members of the APC owing to the alleged crisis in PDP.
“Oko Jumbo is still Rivers Assembly Speaker and this ruling will be appealed. We are optimistic and nothing will stop the state governor, Siminalayi Fubara from completing his tenure and even winning second term if he so pleases,” the lawmakers noted.
