A Senior Advocate of Nigeria, SAN Kunle Adegoke, has alleged that the 27 lawmakers of the Pro-Wike Group contested the legitimacy of the actions performed by the pro-Fubara lawmakers.
He stated that the lawmakers did not include in their arguments the question of whether their membership in the house would be considered terminated due to their defection from the PDP to the APC. He argued that if this issue was not raised in the case and was not explicitly addressed in the court of appeal’s decision, it cannot be presumed that the court has made a determination on an issue that was not submitted for its consideration.
He said in an interview with Arise TV from 12:53, ‘The 27 lawmakers challenged the validity of the acts carried out by the pro-Fubara lawmakers. I don’t think they included among the issues whether their membership of the house could be deemed to have been terminated as a result of their decamping from their political party, PDP, to APC.
So, if that issue was not raised in the case and was not categorically pronounced upon by the decision of the court of appeal yesterday, the court of law cannot be presumed to have determined an issue that was not submitted for determination. In actual fact, it is forbidden.”