Legislative Overreach Sparks Condemnation From HURIWA In Rivers Assembly Crisis

The Human Rights Writers Association of Nigeria (HURIWA) has called on the Independent National Electoral Commission (INEC) to immediately conduct by-elections to fill the vacant seats created by the defection of 27 members of the Rivers State House of Assembly....KINDLY READ THE FULL STORY HERE▶

This follows the lawmakers’ controversial decision to override the governor’s veto on three bills, despite court rulings affirming their loss of legislative legitimacy due to their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

In a press statement by Comrade Emmanuel Onwubiko, National Coordinator of HURIWA, the group condemned these actions as a blatant disregard for constitutional democracy. HURIWA emphasized that Section 109(1)(g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), explicitly outlines the consequences of defection for elected officials.

The section states that any member of a House of Assembly who defects from the political party on whose platform they were elected shall automatically vacate their seat, unless there is a division within the party. HURIWA cited several landmark judgments supporting this constitutional provision, including Attorney General of the Federation v. Abubakar (2007) 8 NWLR (Pt. 1035) 117, where the court ruled that defection without legitimate justification results in the automatic loss of a legislative seat.

Additionally, in Ifedayo Abegunde v. Ondo State House of Assembly & Ors (2014) LPELR-23683(SC), the Supreme Court ruled that lawmakers who cross-carpet without evidence of a faction or division in their party must vacate their positions.

“Recently, a Rivers State High Court, presided over by Justice Sika Aprioku, delivered a judgment affirming that the defected lawmakers had forfeited their seats. Justice Aprioku emphasized that Section 109(1)(g) of the Constitution is self-executing, meaning that defection automatically triggers the loss of legislative membership without requiring additional judicial action. The court further ruled that Governor Fubara could only transact legislative business with the remaining legitimate members of the House.”

HURIWA expressed its outrage at the actions of the defected lawmakers, labeling their attempts to exercise legislative powers as illegitimate and unconstitutional. The association argued that by overriding the Governor’s veto, these lawmakers have further weakened the integrity of legislative authority and undermined constitutional order in Rivers State. “Their actions constitute building illegality upon illegality,” HURIWA stated, accusing the defected lawmakers of being pawns in a broader political scheme aimed at destabilizing Governor Fubara’s administration.

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