Rivers: HURIWA hails judgment on defected lawmakers

The Human Rights Writers Association of Nigeria (HURIWA) has praised the Rivers State High Court’s recent judgment dismissing a suit seeking to compel Governor Siminalayi Fubara to re-submit the 2024 budget to 27 defected lawmakers of the State House of Assembly.

The association described the decision as a monumental pro-democracy victory and a reaffirmation of the judiciary’s responsibility to uphold the constitution.

Justice Sika Aprioku, in the judgment delivered on December 20, 2024, ruled that the 27 lawmakers, having defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), had automatically vacated their seats as stipulated by Section 109(1)(g) of the 1999 Constitution (as amended).

The court further emphasised that Governor Fubara’s actions in transacting legislative business with the remaining lawful members of the House were constitutionally sound.

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HURIWA, in a statement by its National Coordinator, Emmanuel Onwubiko, on Monday, lauded the court for its clarity in affirming that the constitution is self-executing in cases of political defection.

It noted that the court underscored that lawmakers who cross-carpet from the political parties that sponsored their elections automatically vacate their seats, without the need for judicial intervention.

“This judgment is a shining example of the judiciary standing firmly on the side of constitutional purity.

“It sends a strong message that the Constitution is supreme and cannot be violated with impunity. Politicians who disregard its provisions must face the consequences,” HURIWA stated.

The association expressed satisfaction with Justice Aprioku’s rationale, particularly his reference to precedent during former Governor Nyesom Wike’s administration when legislative business continued with only six members.

“The judgment affirms that legislative and executive governance can proceed as long as it adheres to constitutional guidelines,” HURIWA added.

It described the judgment as one of the most significant pro-democracy decisions in recent times, emphasizing that: “This ruling is a wake-up call for all politicians who think they can manipulate the system.”

The association called on other courts, including the Supreme Court and the Court of Appeal, to adopt a similar approach in their deliberations on the status of defected lawmakers.