In the midst of the ongoing political chaos in Rivers State, the fate of 27 lawmakers who recently defected to the All Progressives Congress (APC) hangs in the balance, as legal repercussions could jeopardize their seats.
Renowned journalist and former presidential aide, Laolu Akande, has shared his thought, warning that the People’s Democratic Party (PDP) might take legal action, potentially resulting in the loss of seats for the decamped legislators.
The political crisis unfolded on Monday, December 11, 2023, when 27 out of 32 lawmakers switched allegiance to the APC, intensifying the turmoil within the Rivers State House of Assembly. Despite mediation attempts by President Bola Tinubu, the situation has worsened, with factions emerging—one led by former governor Nyesom Wike and another supporting current Governor Sim Fubara.
Akande, serving as a political analyst on Channels TV News, referenced a legal precedent from 2015, emphasizing that the Supreme Court ruled against legislators who defected without a national division within their party. He hinted that the defected lawmakers might need legal strategies to counter any potential PDP court challenge.
In his words;
“There is a ruling of the Supreme Court in 2015, actually the lead judgement was read by the recently retired justice Datti Joe, where it was established that if you decamp from your party as a legislator except there is a division at the national level, then you might have to lose your case.”
“In that particular instance, I believe Mr Abegunde who had won the seat in Ondo State House of Assembly under Labour Party decamped to the then (defunct) Action Congress of Nigeria (ACN) and then, of course, the Ondo State House of Assembly took the matter to court.
“Then, Mr Abegunde lost at the court at the first instance, went on appeal, lost on appeal and eventually the matter got to the Supreme Court. The Supreme Court affirmed the judgement of both the lower and the Appeal Court.
“So, if that were to have a reflection on what happened today, then, one might say that the members of the River State House of Assembly might have to do some kind of legal fireworks.
“But we don’t know how this is going to play out because if you look at that ruling very well, there is a distinction between a division at the state level and a division at the national level. It will be interesting to see how this plays out. But you are right, I think that there might be a threat if the party goes to court to get them retaining those seats,” Akande stated.
In his analysis, Akande also provided a historical perspective, suggesting that the crisis reflects a realignment in South-South politics, with a shift towards the APC.
Drawing parallels to Nigeria’s political history, he indicated that this realignment echoes trends observed in the Second and Third Republics, highlighting a potential return of the South-South to align with the incumbent national party.
Continuing, he said:
“I think that what is happening is a return to the politics of the Second Republic and I dare say that in the Third Republic, where the fact says the people of the South-South will normally align with the Central.
“If we remember in the Second Republic, the (defunct) NPN (National Party of Nigeria) had control of River State and Cross River in those areas and the same thing happened in the ill-fated Third Republic, where you had the (defunct) NRC (National Republican Convention) in charge of the party even though the NRC was not at the centre because of the election that wasn’t concluded.
“The point is that oftentimes, the people in the South-South normally align with the incumbent national party in this case the APC. What happened was that in 2015, with the emergency of APC which was an alliance essentially between the North and Southwest the political problem of Nigeria shifted in such a way that the Southwest normally in opposition was now in the centre with the North.
“That sort of disorganized what normally be the South-South and South East aligning with the centre. So, between 2015 and now, we have a situation where almost the first time in Nigeria’s history, we have the people of South-South outside of the politics of the centre up to 2023.
“What is happening in Rivers State today might be the beginning of the return of the people of the South-South to be with whoever is in the centre. So, there is a lot of things we can say about it but I see it as a realignment that is in line with Nigeria’s political history,” Akande concluded