A Lawyer representing the 27 Rivers State Lawmakers, Emmanuel Anene speaking about the alleged defection of the Pro Wike’s lawmakers has argued that the late Senator, Ifeanyi Ubah defected from YPP to the APC but he didn’t lose his seat.
He referenced the Abegunde case as the leading precedent (“local classicus”) for defection cases in Nigeria, emphasizing that determinations about the consequences of political defections must be made through proper judicial processes rather than arbitrary declarations. He highlighted that Section 109, Subsection 1G of the Nigerian Constitution on defection explains that this provision includes an important qualification regarding party division, and emphasizes that it is not “self-executing”.
He said in an interview with Channels TV from 8:41, ‘The local classicus case of defection in Nigeria is Abegunde’s case. But it was the decision of the Court, and not somebody sitting somewhere saying if you have defected, you have lost your seat. And even yesterday, Suileman Abubakar from Zamfara State defected; did he lose his seat? Late Ifeanyi Ubah defected from YPP to APC; did he lose his seat? So, it is when you go to court and prove your case to substantiate that somebody defected or not, because Section 109, Subsection 1G, says unless there is division in the party, it is not self-executing.
You have to go to court and prove your case before the court. So, the claim is not true that the facts were not before my Lord Justice that gave judgment yesterday. I think it’s a victory for democracy because we cannot live in a Banana Republic where might is right, and where you should cherry-pick about the judgment of the court. Because the governor was in court the other time when there was a challenge to his election – the case was from the election petition tribunal down to the Supreme Court, and he got unanimous judgment. And so, that time, the Judiciary was not on trial.”