Federal High Court Declines to Compel INEC to Hold By-Election for 27 Rivers State Lawmakers

The Federal High Court in Abuja, on Friday, rejected a request to compel the Independent National Electoral Commission (INEC) to conduct a by-election to fill the seats of 27 members of the Rivers State House of Assembly who allegedly defected to the All Progressives Congress (APC). The ruling was a response to legal actions seeking the removal of the lawmakers following their defection from their original political party.

The plaintiffs had argued that the lawmakers should lose their seats due to their defection, and that INEC was legally obligated to organize by-elections to fill the vacancies. They contended that such defections violated the Nigerian Constitution, which stipulates that lawmakers must vacate their seats if they switch political parties without justifiable reasons, such as party division or mergers.

However, the court declined the request, ruling that INEC could not be compelled to conduct by-elections under the current circumstances. The court’s decision was based on the interpretation of relevant laws and the context surrounding the defections. While the ruling did not settle the broader issue of whether the defections were legal, it did provide temporary relief to the lawmakers in question.

The case has been closely watched due to its potential implications for party politics and legislative representation in Nigeria. Defections between political parties are common in the country, often sparking legal disputes about the status of lawmakers who change allegiance mid-term. The ruling highlights the legal complexities involved in such cases, particularly when it comes to enforcing constitutional provisions related to political party defections.

The decision not to compel INEC to hold by-elections leaves the seats of the 27 lawmakers intact, at least for the time being. However, the ruling may not be the end of the matter, as there could be further legal challenges or appeals in the future.

This case has drawn attention to the ongoing debate about political accountability in Nigeria and the need for clearer legal frameworks regarding party defections, with many calling for reforms to strengthen democratic processes and ensure that elected officials remain accountable to their constituents.