By Jibrin Okutepa, SAN
I have always found it extremely nauseating and insulting to my knowledge of law why those who desecrated and violated our constitution are always granted remedies by our courts.
Section 1 of the 1999 Nigerian constitution says the constitution is supreme, and everything must be done according to the constitution. The same constitution says in section 109(1)(g) that any member of the House of Assembly shall vacate his seat in the House if “being a person whose election to the House of Assembly was sponsored by a political party, he becomes a member of another political party before the expiration that House was elected”.
There is no dispute that in the case of Rt Hon. Martin Chike Amaewhule and 26 others vs INEC and Ors in suit No FHC/Abj/Cs/4631/2023, Hon Amaewhule deposed to affidavit on oath in Paragraphs 1, 2, 3, 4, 5, 6, 8, and 15 of the Affidavit in support of the case filed on 13 December 2023 in Suit No: FHC/ABJ/CD/1783/2023 for himself and the others that:
1. That I am the 1st Plaintiff, Speaker of the Rivers State House of Assembly and was duly elected Speaker of the 5th day of June 2023 by virtue of which I am seized of the facts of this case deposed herein.
2. That I have the consent and authority of all the other Plaintiffs to depose to this Affidavit.
3. That all the facts deposed to herein are within my personal knowledge except otherwise stated.
4. That I was duly elected as a member representing Obio-Akpor State Constituency in the Rivers State House of Assembly in May 2023 on the platform of the Peoples Democratic Party and on the 5th day of June 2023, I was elected Speaker of the Rivers State House of Assembly.
5. That the 2nd Plaintiff is the Deputy Speaker of the Rivers State House of Assembly and was duly elected Deputy Speaker on the 5th day of June 2023. The 2nd Plaintiff also represents Gokana State Constituency in the Rivers State House of Assembly, having been duly elected by his Constituents in the May 2023 General Election on the Platform of the Peoples Democratic Party.
6. That the 3rd – 27th Plaintiffs are also members of the Rivers State House of Assembly duly elected to represent their respective constituencies in the Rivers State House of Assembly on the platform of the Peoples Democratic Party.
8. That the Plaintiffs contested the aforesaid elections on the platform of the Peoples Democratic Party and had remained members of the Peoples Democratic Party until 11/12/2023 when they (Plaintiffs) left Peoples Democratic Party and joined the All Progressives Congress as a result of a division in the Peoples Democratic Party.
15. That faced with the state of uncertainty and confusion in the 2nd Defendant [People’s Democratic Party (PDP)] caused by the division in the Political Party, the Plaintiffs [Hon Martins Amaewhule & 26 others] were forced by the state of affairs within the 2nd Defendant [PDP] to defect and join the All Progressives Congress (APC)”
There is no doubt that from the paragraphs of the Affidavit referred to above which paragraphs are on oath, it can not be seriously contended by any reasonable person that they did not defect. They did. Can these lawmakers be accorded the right of still being members of Rivers State House of Assembly? I do not think so.
They lost their seats. We must hold them accountable to their oaths. They knew the consequences of their actions. It is unconscionable to accord them any constitutional rights to still claim to be members of Rivers State House of Assembly.
The duty they owe is to vacate their seats. That they failed to vacate is constitutional iniquity. They should not be assisted by any institution of justice to remain in constitutional iniquities. Nigerian judiciary must take judicial notice of the Affidavit they deposed. It is an admission against interests.
That is my stand. No one should be allowed to profit from his own wrong. That is a principle of law of considerable antiquity. It is good law rooted in good conscience.
