The Court of Appeal in Abuja had nullified the expulsion of Martin Amaewhule and 24 other lawmakers from the Rivers State House of Assembly.
The National Democratic Coalition (NDC) has accused the Appeal Court of creating new complications with the judicial precedence it has set, instead of giving rulings that stabilise Nigeria’s democracy.
The Court of Appeal in Abuja had nullified the expulsion of Martin Amaewhule and 24 other lawmakers from the Rivers State House of Assembly.
The appellate court’s decision overturned an earlier ruling by the Rivers State High Court, which had ordered the expulsion.
The court ruled that Section 272(3) of the Constitution grants the Federal High Court the authority to decide if a House of Assembly member’s seat has become vacant.
It ruled that the Federal High Court had exclusive jurisdiction to determine if the seats have become vacant.
However, the coalition in a statement signed by its Executive Director, Dr. Samson Iroegbunam described the judgment as a low point in Nigeria’s democracy.
The Coalition further declared that the reinstatement of the former members of the Rivers State House of Assembly was against the rule of law, undemocratic, antithetical, retrogressive and provocative to the point of further jeopardising the fragile peace in the state.
The National Democratic Coalition (NDC) rejected the judgement, saying that the court had given licence to politicians to defect from the party upon which they were elected to another without consequences.
“The appellate court dismissed an order of the Rivers State High Court, which had restrained the 24 Members of the Rivers State House of Assembly led by Martin Amaewhule from parading themselves as members of the Assembly, effectively reinstating them even though the Constitution of the Federal Republic of Nigeria (as amended) expressly stated that the lawmakers forfeited their seats by defecting to a political party other than the one on which platform they were elected.”
Iroegbunam said the Court of Appeal ruling was the equivalent of providing cover for illegally as the former lawmakers could not and should not be allowed to hide under the law that they had no regard for.
“In addition, our coalition found it confounding that the Court of Appeal gave this ruling, which it was based on the logic that only the Federal High Court and no other court has the jurisdiction to determine cases of tenures and vacancies of the House of Assembly, governors and President and not the state High Courts, even though the constitution did not make it clear which the court should have jurisdiction to hear and determine disputes concerning when an elected officeholder should cease to hold office.”
The coalition said the ruling, given its controversial nature, had again heightened concerns about the raging allegations that have been made against the Judiciary.
“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”, he said.
The group urged the people of Rivers State to remain calm as the judgment would not stand the test of time, especially since the democratic-minded stakeholders in the state have indicated that the matter shall be pursued to the Supreme Court until the will of the people of the state is respected.
“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”, he noted.