Adeyinka Olumide-Fusika, SAN, has described the Supreme Court’s recent judgment on the Rivers State defection crisis as a “tragic signal” that has emboldened political actors across Nigeria to engage in mass defections, undermining democratic principles.
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In a scathing critique on Arise TV’s Morning Show, Olumide-Fusika argued that the Court’s failure to anticipate the ramifications of its ruling has normalized defections, threatening the integrity of Nigeria’s electoral system and governance.
The Supreme Court, in a 62-page judgment delivered in February 2025, restored the Martin Amaewhule-led Rivers State House of Assembly, ruling that there was no evidence to support claims that 27 lawmakers had defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). The Court noted that Governor Siminalayi Fubara withdrew defection allegations at the Federal High Court in Abuja, rendering the claims legally invalid. Justice Emmanuel Agim, who signed the judgment, emphasized that a House of Assembly must be constituted as prescribed by the 1999 Constitution, and Fubara’s actions to sideline the 27 lawmakers were deemed unconstitutional. The Court ordered the Central Bank of Nigeria and the Accountant General to withhold Rivers State’s federal allocations until a lawful Appropriation Law is enacted by the Amaewhule-led Assembly.
Olumide-Fusika, a Senior Advocate of Nigeria, expressed dismay at the Supreme Court’s reasoning that only the Speaker can declare a lawmaker’s seat vacant under Section 68(1)(g) of the 1999 Constitution, which mandates vacancy for defecting legislators unless a party division renders it non-functional. He highlighted evidence of defections, including affidavits and video recordings of the lawmakers publicly declaring their move to the APC, which he argued should have been sufficient proof. “I have seen affidavits deposed by these House of Assembly members saying we have moved from PDP to APC. We have video recordings all over them saying so with their mouths, but the Supreme Court said it’s only the Speaker that can declare a seat vacant,” he stated.
He criticized the ruling as a policy decision that sends a dangerous signal to politicians. “Every decision of the Supreme Court is a policy. It’s like telling us this is what is acceptable, how things should be done. When you have that kind of decision, you are sending a signal that you can do it, and nothing would happen. That’s the tragedy of that decision. I didn’t think they thought out the full ramification of what they were saying,” Olumide-Fusika said. He questioned the logic of requiring a defecting Speaker to declare their own seat vacant, noting, “When we are talking about politicians that lack morals, which is what you have mentioned, unfortunately, this democratic experience has shown progressive degeneration.”
Olumide-Fusika warned that the ruling has triggered a “gale of defections” nationwide, with politicians in multiple states reportedly planning similar moves, emboldened by the perceived impunity. He cited the recent defection of Edo State Governor Godwin Obaseki and his political structure from the PDP to the APC, with the PDP demanding Obaseki vacate his seat—a demand Olumide-Fusika noted lacks constitutional backing, as the 1999 Constitution does not require governors to resign upon defection, unlike lawmakers under Sections 68 and 109. “You do know that it is not the governor alone that moved. He moved with the entire structure—House of Assembly members, House of Reps, senators, and so on. We are hearing rumors that this same thing will happen in some other states,” he said.
The SAN argued that the Supreme Court’s decision deviates from precedents like Ifedayo Abegunde v. Labour Party (2015), where the Court held that defection without a significant party division results in forfeiture of a lawmaker’s seat. He suggested that the ruling undermines the principle that votes belong to the party, not the candidate, as parties are registered with the Independent National Electoral Commission (INEC). “The broad understanding, the consensus, is that the vote belongs to the party, not the candidate, because the party is the one that is registered with INEC,” he noted.
Olumide-Fusika called for activist judges and stricter judicial enforcement to curb political opportunism. “The Supreme Court should close its eyes and enforce the law. Let the heavens fall. If the law says this is it, don’t go about ifs and buts. You will see a change in attitude,” he urged. He suggested constitutional amendments to address governors’ defections, similar to lawmakers, and proposed that citizens could pursue class action lawsuits to reclaim mandates, though he acknowledged challenges in proving public dissent. “Can the people institute some sort of class action lawsuit to say our mandate has been revoked? What will happen if it is instituted is the question,” he mused.
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