The recent ruling by the Rivers State High Court, which dismissed a lawsuit attempting to force Governor Siminalayi Fubara to resubmit the 2024 budget to 27 State House of Assembly lawmakers who had deserted, has been praised.CONTINUE FULL READING>>>>>
According to Section 109(1)(g) of the 1999 Constitution (as amended), the 27 lawmakers automatically resigned their seats after defecting from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), according to the ruling of Justice Sika Aprioku in the December 20, 2024, ruling. The court further underlined how constitutional Governor Fubara’s actions were in conducting legislative business with the remaining legitimate members of the House. Therefore, the court ruled that the MPs’ decision to approach the court was premature and demanded that any further action be delayed until a matter that had already been decided in another court over the validity of their defections was completed.
In a statement released on Wednesday by its National Coordinator, Emmanuel Onwubiko, the Human Rights Writers Association of Nigeria (HURIWA) commended the court for standing on the path of justice, calling the ruling a significant pro-democracy triumph and a reaffirmation of the judiciary’s duty to enforce the Constitution. The court’s affirmation that the Constitution is self-executing in circumstances of political defection was praised by the group for its clarity. The court emphasized that legislators who run against the political parties that supported their election automatically lose their seats and that the courts do not have to step in.
“This ruling exemplifies the judiciary’s unwavering support for constitutional integrity,” HURIWA said. It makes a clear statement that the Constitution is paramount and cannot be disregarded. Politicians who disobey its provisions will have to pay the price. The association was pleased with Justice Aprioku’s justification, especially his citation of a previous instance in which legislative business was conducted with just six members during the administration of former Governor Nyesom Wike.
“The ruling confirms that executive and legislative governance can continue as long as it follows constitutional principles,” the group continued. It called the ruling one of the most important pro-democracy rulings in recent history. It underlined how important the judiciary is to maintaining the rule of law and making sure elected politicians abide by the Constitution’s provisions. HURIWA declared, “This decision is a wake-up call for all politicians who believe they can control the system.” “The judiciary must always support the Constitution in order to maintain its integrity and uphold democratic values.”
The group urged other courts to take a same stance when considering the status of politicians who have defected, including the Supreme Court and the Court of Appeal. HURIWA said, “It is unthinkable that people who blatantly violate the Constitution by switching parties can expect to keep the rights and privileges of their previous positions.”
According to HURIWA, the decision upholds the idea that due process and constitutional integrity should serve as the cornerstones of governance. Instead of attempting to pervert the rule of law for their own or their political advantage, the group urged Nigerian officials to set an example by respecting it. HURIWA declared, “Elected officials must understand that their mandate is linked to the political platform on which they were elected.” “The trust of the electorate and the sanctity of the Constitution are directly violated when defection occurs without a valid reason, such as a split within the sponsoring party.”
Although HURIWA acknowledged that the ruling has wider ramifications for Nigeria’s democratic progress, it cautioned that permitting defector lawmakers to keep their seats would create a risky precedent that would erode public trust in the election process and impair elected officials’ accountability. HURIWA claimed that the decision upholds the idea that party platforms are linked to political mandates, guaranteeing that the preferences of the public be honored. “The culture of opportunistic defection that threatens democratic stability and governance is also discouraged.”
HURIWA encouraged the justices to consider constitutional purity and the necessity to preserve democratic values as the case moves forward to higher courts. The group emphasized that the judiciary’s responsibility to hold politicians legally responsible must not be compromised. HURIWA said, “This is a chance for Nigeria’s highest courts to uphold the Constitution’s sanctity and reaffirm the idea that no one is above the law.” “We urge the appellate courts to sustain this ruling, guaranteeing that constitutional provisions are not only honored but also strictly enforced.”
In its closing remarks, HURIWA urged Nigerian lawmakers to adopt a culture that values the rule of law and the Constitution. According to the group, “the Rivers State High Court has set an example that must be replicated across the country.” “Nigerians demand leaders that maintain democratic values and act relentlessly in accordance with the constitution. Less is not acceptable.
The group also urged Governor Fubara to continue his unwavering commitment to rule of law-based administration and praised him for upholding constitutional norms in his interactions with the Rivers State House of Assembly.CONTINUE FULL READING>>>>>
