Senior Advocate of Nigeria Jibrin Samuel Okutepa has expressed his displeasure over the failure of the courts to uphold the supremacy of the Constitution in the face of blatant violations by elected officials.
Okutepa’s comments come in the wake of the recent defection of the Speaker of the Rivers State House of Assembly, Rt Hon. Martin Chike Amaewhule, and 26 other members from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
In an affidavit sworn by Hon. Amaewhule in support of a case filed in the Federal High Court, Abuja, with suit number FHC/ABJ/CS/4631/2023, the lawmakers admitted to having left the PDP and joined the APC on December 11, 2023, due to internal divisions within their former party. This action, Okutepa argues, is in direct violation of Section 109(1)(g) of the 1999 Nigerian Constitution, which mandates that any member of the House of Assembly shall vacate his seat if he becomes a member of another political party before the expiration of the period for which that House was elected.
“It is unconscionable to accord them any constitutional rights to still claim being members of Rivers State House of Assembly,” Okutepa stated, emphasizing that the lawmakers have lost their seats by virtue of their defection. He further added, “The duty they owe is to vacate their seats. That they failed to vacate is constitutional iniquity.”
Okutepa called upon the Nigerian judiciary to take judicial notice of the affidavit deposed by the lawmakers, which he described as an admission against their interests. He urged the courts not to assist the lawmakers in perpetuating what he termed “constitutional iniquities” and to hold them accountable to their oaths.
“No one should be allowed to profit from his own wrong,” Okutepa asserted, citing the long-standing legal principle. “It is good law rooted in good conscience.”
As the debate surrounding the lawmakers’ defection and their continued membership in the Rivers State House of Assembly rages on, Okutepa’s words serve as a reminder of the crucial role the judiciary plays in upholding the rule of law and ensuring that elected officials are held to the highest standards of constitutional compliance.
