Anger and condemnation have followed the ruling of the Federal High Court in Abuja, which dismissed a defection suit against 27 sacked Rivers State lawmakers loyal to the Minister of the Federal Capital Territory (FCT), Nyesom Wike. The court declared the matter as a pre-election issue and ruled that it was statute-barred.

The Action People’s Party (APP) had filed the suit, seeking to replace the lawmakers who defected from the People’s Democratic Party (PDP) to the All Progressives Congress (APC). However, Justice Peter Lifu dismissed the case, stating it was not filed within the 14-day legal window allowed for pre-election matters.

READ MORE: APP to appeal court ruling on Rivers State lawmakers’ ‘defection’

This ruling has sparked outrage among many Nigerians, with constitutional lawyer Tochukwu Oha accusing the court of interpreting the constitution to suit vested interests. Oha described the judgement as “shameful” and called for the National Judicial Council (NJC) to address what he termed judicial recklessness.

Oha stated: “I’m bewildered at this joke of a ruling by the federal high court. I’m in total disbelief that the court went against the law and introduced a new interpretation to the constitution. These sacked Lawmakers 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.

“The position of the law in this respect is very clear that once a member of a political party in the parliament defects to another political party when no crisis exists in the his political party, such a seat is declared vacant. Their acts of defection is a completed act and the leadership of the House of Assembly of Rivers State has done the needful and it’s no longer an issue that their seats have since been declared vacant. Let it also be known that presently there’s a subsisting court pronouncement in Suit No PHC/512/CS/2024 restraining the 27 Lawmakers from parading themselves.

Oha further criticised the judiciary, alleging that some judges are undermining democracy with politically motivated rulings. He emphasised the need for the NJC to act swiftly to preserve the integrity of the judiciary.

“It’s time that the NJC sits up and purge  the judiciary of any recklessness and rascality by some of its officers bent on continuously disparaging the integrity of the Judiciary by delving into the muddy waters of Politics by judgments emanating from their courts.”