Rivers Crisis: How The Case Of The 27 Lawmakers Would Be Decided In Court - Politics - Nairaland
Nairaland Forum › Nairaland General › Politics › Rivers Crisis: How The Case Of The 27 Lawmakers Would Be Decided In Court (913 Views)
| Rivers Crisis: How The Case Of The 27 Lawmakers Would Be Decided In Court by SenatorCharles1(op): 6:18pm On May 27, 2024*. Modified: 6:55pm On May 27, 2024 |
In the circumstance, where 27 lawmakers of the Rivers State House of Assembly publicly announced their defection from the PDP to the APC on national TV and then a suit was filed in court seeking to declare their seats vacant due to defection, the likely judicial interpretation would be based on the relevant laws and legal principles governing defection in Nigeria. Under the Nigerian Constitution and the Electoral Act, there are provisions that regulate defection by elected officials. Section 68(1)(g) of the Constitution states that a member of a legislative house SHALL vacate his seat if he ceases to be a member of the political party that sponsored his election to the house. The Electoral Act also provides guidelines on defection and the consequences thereof. In this case, the court would likely consider the following factors: 1. The public declaration of defection by the lawmakers on national TV. 2. The submission of resignation letters by the lawmakers from the PDP. 3. The legal provisions on defection as stipulated in the Constitution and Electoral Act. If the court finds that the lawmakers indeed defected from the PDP to the APC based on their public declaration and submission of resignation letters, it may interpret that they have triggered the provisions for vacation of their seats as stipulated in the Constitution. The court may declare their seats vacant in accordance with the law. However, if the NWC of the PDP claims that the lawmakers are still members of the party and have not defected to the APC, the court would have to carefully examine the evidence presented by both parties to determine the actual status of the lawmakers' party affiliation. The burden of proof would be on the PDP to demonstrate that the 27 lawmakers have not defected if the PDP contests their defection. This will be a very difficult task for the PDP. Presenting party register and claiming their names are still on the PDP membership register is neither here nor there. Ultimately, the final outcome of the case would depend on the evidence presented, the interpretation of the relevant laws, and the decision of the court based on the facts and legal arguments before it. The court would strive to uphold the rule of law and ensure that justice is served in accordance with the provisions of the Constitution and the Electoral Act. |
| Re: Rivers Crisis: How The Case Of The 27 Lawmakers Would Be Decided In Court by SenatorCharles1(op): 6:34pm On May 27, 2024 |
Where 27 lawmakers of the Rivers State House of Assembly publicly announced their defection from the PDP to the APC, a denial by the NWC of PDP that these lawmakers did not defect could potentially be viewed as being mischievous or disingenuous. This is especially true when there is clear and public evidence, such as the lawmakers' own announcement of their defection, supporting their decision. The public announcement made by the lawmakers themselves serves as a direct statement of their intentions and actions. If the PDP were to deny this fact without substantial evidence to the contrary, it could be perceived as an attempt to manipulate the situation or sow confusion regarding the lawmakers' actual affiliations. Additionally, if the lawmakers assert that they did not defect under duress and there is no compelling evidence to suggest otherwise, the denial by the PDP may be viewed as an act of defiance against the lawmakers ability in making political decisions. In legal proceedings or public discourse, credibility and transparency are crucial factors. Denying a clear and public event, such as the lawmakers' announcement of defection, without strong evidence to support the denial, may damage the PDP's credibility and weaken their position in the dispute over the lawmakers' defection. Therefore, the eventual call for the resignation of all members of the NWC of the PDP would be eminent and necessary |
| Re: Rivers Crisis: How The Case Of The 27 Lawmakers Would Be Decided In Court by EngrKemp: 6:41pm On May 27, 2024 |
They v lost their seats simple ags (☆▽,☆) C The open declaration and the attacks on PDP n their PDP elected governor they want to impeach and their arrogance. Their waving of apc Flags n singing on ur mandate we shall stand jagaban So they want to come back as PDP to impeach PDP governor? Nigeria will catch fire and that will be end of democracy . perish the thought. Those guys r gone to Lost their seats. If wile thinks he is popular let him form a party like kwankwaso n win elections let us see Let him stop hiding under apc he abused n called cancer for almost eight years till he lost to atiku. PDP is bigger than any individual |
| Re: Rivers Crisis: How The Case Of The 27 Lawmakers Would Be Decided In Court by EngrKemp: 6:46pm On May 27, 2024 |
SenatorCharles1:Gbam |
| Re: Rivers Crisis: How The Case Of The 27 Lawmakers Would Be Decided In Court by Validated: 6:48pm On May 27, 2024 |
The ex-legislators are now APC members. Even Tinubu told the Rivers elders that he cannot deny those who have "willingly" joined APC. By the reason of their defection, they lost their seats. As it stands now Fubara has stopped funding their stupidity. So they are now like BATs, not a land or air animal. ![]() |
| Re: Rivers Crisis: How The Case Of The 27 Lawmakers Would Be Decided In Court by SenatorCharles1(op): 6:59pm On May 27, 2024 |
Validated:Tony Okocha, the caretaker Chairman of APC in Rivers also confirmed on air, Niginfo and Classic fm that the 27lawmakers had all done the needful by registering in their various wards as APC members |
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