Appeal Court Orders Status Quo in Rivers Assembly Defection Case

The 27 pro-Wike members of the Rivers State House of Assembly filed an appeal, and the Court of Appeal in Port Harcourt has issued an order directing all parties involved to maintain the current situation until the hearing of the main case.

The lawmakers, who defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), are contesting a High Court decision that declared their seats vacant and restrained them from legislative functions.

The three-member panel of the appeal court, which conducted a virtual session on Friday, set the next hearing for June 20, 2024. The court advised against actions that might influence the main case and directed that all defendants must receive notice of the appeal before the next court date.

Martins Amaewhule, representing the 26 other lawmakers, is challenging the High Court’s decision that not only vacated their seats but also nullified all legislative actions taken by them.

The High Court had also recognized Victor Oko-Jumbo as the legitimate Speaker of the Rivers State House of Assembly.

Oko-Jumbo’s stance is based on Section 109 (1) (g) of the Nigerian Constitution, which stipulates the loss of legislative seats following a defection from the party on whose platform a member was elected.

The appeal court’s decision to maintain the status quo underscores the complexity and significance of the case, which has implications for the interpretation of defection and its consequences under Nigerian law.