By Obiaruko Ndukwe
It is not about being eloquent; matters of the Judiciary are not for eloquent speakers or natural thinkers. Court orders are Orders where Reliefs are sought! As long as Orders have been made, they are enforceable until a higher court says otherwise. And that is why the Appellant, Gov Fubara is on his way to the Supreme Court even though his case is helpless. Only a political Solution can help him now.
On the issue of “defection”, I laugh when I see people talk without reference to the laws. If I may ask, as a politician, where do people join a political party, in their bedrooms, boardrooms or upper rooms?
The law is clear. Defection means you have first left your party and joined another party by registration in your Ward. After which you can now flaunt your membership card or flag. You don’t announce your membership before you are registered. What if the party refuses to accept you? The only evidence of membership of a party or organisation or even a Church is your name listed in the membership register and an ID or card or another evidence issued to you. That’s how it is also with leaving your party for another. You can announce that you are leaving but it can only amount to legality when you fulfill the requirement for the membership of the other party. Let me even stop here.
The judgment of Justice Lifu of the FHC Abuja has punctured that issue of defection. You need to get it. It has further validated what Justice Gbasam of the Rivers State High Court had earlier ruled. The Governor failed to give reasons at the trial court why he presented the budget to Ehie Edison. That’s what the Appeal Court ruled. He cannot remedy it at a higher Court. Section 109 subsection 1g is very clear. Individual members of the Assembly represent different constituencies where they were voted for. If they are leaving for another party, they MUST write their individual letters to the Speaker who will read each of the letters according to this section. There is nothing like group defection with a group letter, which even doesn’t exist. The onus is on those who claim that the 27 lawmakers have defected to prove their case with evidence before the FHC as stated by the Constitution. We are still waiting for that evidence till now. Dem go explain tire, no evidence.
On the So-Called Affidavit:
Let me also help you to comprehend the facts of the matter as it lies with the laws: the issue is not before any court as it stands now. It was a suit filed by Amaewhule and 26 others before Justice Okorowo formerly of the FHC. The Affidavits were not pleaded before the court. With the Judge promoted to the Appeal Court, the case can only be reassigned to another Judge by the CJ of the FHC. Till today, it has not and the litigants are no longer pursuing the matter having gotten Justice from the Court of Appeal. It may also interest you to note that the so-called Affidavit of “we defected” has been amended to read “intention to defect”. So, where does your argument fit in? You don’t need to dissipate energy. This is for the benefit of those who may unknowingly believe the distorted position on the matter.
- Ndukwe is President of Citizens Quest for Truth Initiative
