APPEAL COURT RULING ON 25 RIVERS LAWMAKERS A BLACK MARKET JUDGEMENT SAYS GROUP

The group further described the ruling as “a charade” and called on the Chief Justice of Nigeria, Justice Olukayode Ariwoola, to investigate the reasons behind the transfer of cases and ensure that the Supreme Court corrects the judgment.

A civil society group, the Pro-Democracy Coalition of Nigeria, has faulted the Court of Appeal’s order nullifying the expulsion of 24 Rivers State lawmakers who defected, adding that such verdict was a “black market judgment.”

The coalition in a statement on Thursday signed by its President, Jack Thomas, said it rejected the Court of Appeal’s ruling on the defection case of the 25 lawmakers, loyal to the Federal Capital Territory (FCT) Minister, Nyesom Wike.

 

The group further described the ruling as “a charade” and called on the Chief Justice of Nigeria, Justice Olukayode Ariwoola, to investigate the reasons behind the transfer of cases and ensure that the Supreme Court corrects the judgment.

The statement reads in part; “We are absolutely discontented and dismayed by the judgment of the Appellate Court. The ruling totally disregarded established legal precedent and has further exposed the failings of the Appellate Court in preserving constitutional democracy and the rights of citizens.

 

“In Atiku Abubakar vs Attorney General of the Federation (2007), the Supreme Court held that defection from one party to another is only justified in cases of division, factionalisation, or fragmentation within the original party.

 

“Similarly, in Adetunde and the Labour Party, the Supreme Court ruled that a legislator cannot decamp and remain a member of a legislative house without showing division in their party.”

 

“This is a sad day for democracy and the rule of law in Nigeria,” Thomas added. “Nigerians must hold the courts responsible for the rise of tyranny in Nigeria.

 

“The courts must deliver judgments that are sound and consistent with the law to preserve our democracy.”

 

The PDCN emphasiaed the need for judgments that are sound and consistent with the law to preserve Nigeria’s democracy, adding that Nigeria must not go back to the era of black market judgments.

 

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 had become vacant.

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