The current boom in defection into the All Progressives Congress (APC) from other political parties by public office holders who won elected positions on the platforms of their political parties other than the APC, gained momentum when Justice Emmanuel Agim suo moto took up the case of the defection into APC from Peoples Democratic Party by the 27-members of the Rivers State House of Assembly loyal to the political godfather of Rivers state and the current minister of the Federal Capital Territory Mr Nyesom Wike. That unrequested prayer that Justice Agim answered favourably for the Appellants who never framed such as a prayer, has provided the elixir for political prostitutes to move en masse into the political party of the president in our clime in which politically, the so-called winners of election corner all the political offices as patronage to their foot soldiers.
The Supreme Court justice’s choice of taking on a plank of a litigation that was pending at the Federal High Court and then said defection can only be confirmed when the defectors are registered in the political party they defected into and their registrations tendered as evidence in the court of law which contradicts what the constitution says about political office holders especially in the National Assembly or state legislature who leave the party that brought them to power automatically loses their seats in those parliaments.
That controversial judgment has now made it much easier for unprincipled characters in the other political parties outside of the party that holds power at the centre to cross carpet into the national ruling party of All Progressives Congress (APC) believing that with their cross carpeting, their political breads would be better buttered.
When attacked by the FCT Minister for being too critical of the Supreme Court’s judgment on Rivers state political issues, the Senior Advocate of Nigeria Mr Femi Falana maintained that his commentary was a factual and constitutional analysis of the situation and this writer finds his views factually accurate and evidence based.
Hear him: “Contrary to Mr Wike’s assertion, I did not lie against the Supreme Court,” he said.
“All I said was that the matter of the defection of the 27 legislators was raised suo motu and determined by the eminent Justices of the apex court,” he added.
He emphasised that his comments were rooted in the fact that the issue of defection was already pending before the Federal High Court in Port Harcourt at the time.
He also pointed out that the defectors had publicly confirmed their switch from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) through affidavits and video recordings.
“It is public knowledge that Mr Wike praised the Supreme Court to high heavens and held a thanksgiving service to celebrate the decision. However, he has decided to attack me for commenting on the same judgment — without any legal justification,” the SAN said.
Citing Section 39 of the Nigerian Constitution and Article 9 of the African Charter on Human and Peoples’ Rights, Falana insisted he had a legal right to criticise court judgments.
He challenged Wike to petition the Legal Practitioners Disciplinary Committee if he believed there had been professional misconduct.
The human rights lawyer said, “I would have ignored the minister’s latest gratuitous attack, but he recently urged the Body of Benchers to sanction lawyers who criticise judgements of Nigerian courts,” Falana continued.
“Unlike Mr Wike, who calls judges names when they disagree with his politics of opportunism, I have always criticised judicial decisions with utmost decorum and in good faith,” he said.
Referencing the landmark case of Adegoke Motors Ltd v Adesanya (1989) 3 NWLR (Pt 109) 250, Falana reminded Wike that even the Supreme Court acknowledges the fallibility of its judgements.
“As Justice Oputa famously stated, ‘We are final not because we are infallible; we are infallible because we are final,’” he noted.
Mr. Falana also cited former Chief Justice of Nigeria, Ibrahim Tanko Muhammad, who once encouraged legal practitioners to criticise court decisions constructively to ensure accountability and improve the justice delivery system.
“It may interest Mr Wike to know that from time to time, many respected Justices commend my critique of court decisions and my defence of the judiciary. At a recent valedictory session, a retiring Supreme Court Justice referred positively to one of my critical remarks,” he said.
He Mr. Femi Falana concluded by warning that the Supreme Court’s recent interpretation of defection laws could be weaponised by unprincipled politicians.
Hear him: “No doubt, the decision of the Supreme Court is final on defection. Their Lordships said it must be proved by producing the membership register of political parties. But my fear is that this ruling could be used by unpatriotic politicians to justify political prostitution,” Falana said.
The prediction made by Mr. Femi Falana is not far fetched because the result of this double standards by the Supreme Court is what has motivated many politicians of the political opposition parties who are seeking protection from prosecution by the EFCC and the ICPC to flee into the APC for refuge. Afterall, Senator Adams Oshiomhole said any politician defecting to APC is guaranteed protection EFCC or ICPC arrests or prosecution. He likened the APC to the refuge of sinners in which once you decamped from your party to APC, your past misdeeds are wiped away and your CV would become like a tabula rasa once more.
Another reason for politicians who have tested power which they secured as political opposition to enlist in the ruling party is for fear of political persecution since the party that controls the government at the centre, calls the shots on who should be investigated by the two anti-corruption commissions of ECONOMIC AND FINANCIAL CRIMES COMMISSION and the INDEPENDENT CORRUPT PRACTICES AND OTHER RELATED OFFENCES COMMISSION. This is because politicians in Nigeria hardly play politics by the rules of the game without stealing from the public till to sustain their high profile lifestyles and maintain the chain of supporters, surrogates and the so-called followers.
The latest high profile defectors from the opposition Peoples Democratic Party to the ruling All Progressives Congress is the immediate past governor of Delta state who had very embarrassing encounter with the EFCC which obviously is one of the institutional attack dogs of the APC.
Not long ago before he cleverly decided to run for cover by defecting to the APC from the PDP, the operatives of the Economic and Financial Crimes Commission (EFCC) arrested the former governor of Delta, Dr Ifeanyi Okowa, over alleged N1.3 trillion fraud.
A credible sources within the anti-graft agency confirmed that the vice presidential candidate in the 2023 general elections was arrested in Port Harcourt, when he reported at the Port Harcourt Directorate of the EFCC.
The News Agency of Nigeria (NAN) reports that Okowa, was arrested for allegedly diverting N1.3 trillion being proceeds of 13 per cent derivation fund that accrued to the state during his tenure.
He was alleged to have diverted the fund from the federation account between 2015 and 2023 when he held sway in the oil-rich state.
Officials of the commission, who did not want their names in print, said that Okowa had earlier been invited by a team of crack detectives of the agency handling his case.
One of the sources said that he was arrested and would have to provide satisfactory answers to the questions posed to him regarding financial impropriety under his watch.
The former governor was also alleged to have failed to render accounts of the funds as well as another N40 billion he allegedly claimed he used to acquire shares in UTM Floating Liquefied Natural Gas.
Specifically, Okowa allegedly bought shares valued at N40 billion in one of the major banks in the country representing eight per cent equity to float the offshore LNG.
When contacted, Dele Oyewale, the spokesman of the anti-graft agency, confirmed Okowa presence in the facility of the commission but he declined further comments. Not long after, a senior accountant in the Delta state government was taking in for questioning. So the blanket cross carpeting of the entire Delta state government from the PDP to APC is interpreted as a gameplan to get softlanding and gain some respite from the EFCC.
I had earlier blamed the Supreme Court ruling on the defection of the 27-members of the Rivers State House of Assembly into APC for providing protection from litigation for these defectors who lack principles and characters because it takes a politicians with no conscience to simply walk past the political party that sponsored you to gain power to another party just because this other party is that which controls the main levers of political power in Nigeria. If their hands are clean, those politicians been blackmailed to change their party affiliation wouldn’t dare do it because how can someone explain that Ifeanyi Okowa who ran for the post of Vice President of Nigeria alongside his presidential candidate of the PDP in the 2023 poll- Atiku Abubakar could just move into APC if not that something is chasing him or that he is chasing something that he thinks only APC can guarantees that he gets it which to many analysts is the reprieve from EFCC’S embarrassments.
Many others are moving into APC because they want automatic tickets to return to their current positions in the National Assembly or governorship because they believe that with the leadership of Independent Electoral Commission appointed by President Bola Ahmed Tinubu, their chances of returning back to their positions in the 2027 poll is guaranteed. Amongst these persons are the Delta state governor who has moved into APC from the PDP even after publicly denying that he was planning to do so. The other PDP Governors are also sympathetic to the second term ambition of Tinubu with the Akwa Ibom State governor endorsing the APC produced president for a second term in the 2027 poll that is two years away. Then as a reward for his support, Godswill Akpabio the surrogate of the President has assured the Akwa Ibom State governor of a second term victory. The suspended Governor Fubara of Rivers state is also been blackmailed to enlist into the APC so that his illegal suspension can be lifted. This is a bad time for democracy because tyranny is knocking at our doors viciously.
So I think the many cases of illegitimate and inordinate defection from the political opposition parties by public office holders and their supporters into the APC would spell DOOM for constructive criticism and constitutional processes of checks and balances which guarantees good governance, transparency and accountability. This is indeed a sad time for democracy in Nigeria. Nigeria can not afford to become a one party state.
