A constitutional lawyer has faulted the Supreme Court judgment on the cancellation of the local government elections in Rivers State describing it as an error in law.
Dr. Innocent Ekwu who is a legal scholar disagreed with the apex court judgment on Radio Nigeria, Treasure FM political program, Democratic Platform, stating that the annulment of the local government elections did not follow listed provisions in the constitution.
Dr. Ekwu pointed out that the twenty- three local government chairmen who were elected last year were not joined in the suit which is a violation of fair hearing according to section 36 subsection 1 of the constitution.
” I disagree with the decision of the Supreme Court and by that singular decision in violated position of the constitution and bridged the existing precedent of previous Supreme Court judgment.
The Supreme Court has no jurisdiction over the conduct of local government elections. The electoral act of the Federal Republic of Nigeria only applies to federal elections and does not apply to elections conducted by state electoral commission”, he stated.
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Dr. Ekwu emphasized that the jurisdiction to hear cases emanating from the local government elections lies on the state tribunal and high court and not for the Supreme Court to entertain.
Commenting on the defection of the twenty- seven lawmakers, he affirmed that once a lawmaker makes his decision clear to the house that he has defected, he remains defected citing a similar case that happened in Plateau State.
“They defected because that is the constitutional provision. In 2023 in Plateau State majority had defected leaving only six members. When the Supreme Court delivered judgment those who announced their defection on the floor of the house stand defected and held that the six remaining could validly conduct the legislative business of the state. How come in the case of Rivers State they switched tables, unrolled the carpet, and swore the law?”, he asked.
Dr Ekwu further explained that decisions and actions taken by Martin Amaewhule’s faction of the House of Assembly are null and void since they were taken outside the approved legislative chambers.
The political affairs commentator called on the Supreme Court to rethink the recent verdict on Rivers State to save democracy.
