With respect, the presidential reinstatement of the 27 cross carpeting members of the Rivers State House of Assembly by the Presidency is alien to the Constitution in every material particular
Falana
Nigeria’s human rights lawyer, and Senior Advocate of Nigeria (SAN), Femi Falana has argued that it is outside the provision of the constitution for President Bola Tinubu’s intervention to result in reinstating the 27 members of the Rivers State House of Assembly, who defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Recall that after the 27 lawmakers, who are loyal to the Minister of the FCT, Nyesom Wike defected to the APC, seven commissioners, also loyal to Wike, resigned from Governor Siminalayi Fubara’s cabinet.
Recall further that Tinubu made a second intervention Monday night with an eight-point resolution, including the reinstatement of the 27 House of Assembly members.
Reacting to the development, however, Falana said on Tuesday that for presidential interventions to stand, they must always be grounded in the provisions of the Constitution.
“With respect, the presidential reinstatement of the 27 cross carpeting members of the Rivers State House of Assembly by the Presidency is alien to the Constitution in every material particular.
“The seats of the cross carpeting members have been declared vacant by the Speaker known to law. To that extent, the Independent National Electoral Commission (INEC) is mandatorily required to conduct the by-election once the ex parte order issued by the Federal High Court last Friday is quashed,” Falana said.
According to him, the defecting legislators can only retain their seats if they prove that the political party that sponsored them is divided into two or more factions.
“Even if all the cases in the Rivers State High Court and the Federal High Court are withdrawn in line with the advice of the President, it is submitted that all actions taken by the Speaker (Ehie) recognised by the Rivers State High Court, remain valid, including his pronouncement on the vacant seats of the 27 cross carpeting members of the House.
“In other words, only a court of law is constitutionally competent to set aside the pronouncement of the Speaker which is anchored on section 109 of the Constitution. Furthermore, as the Speaker (Ehie) has not been removed by the required number of legislators, a presidential directive cannot remove him,” he further stated.
Falana advised the Independent National Electoral Commission (INEC) to conduct by-election to fill the 27 vacant seats.
“The remaining members of the House are competent to conduct legislative business except the impeachment of the governor which can only be carried out by the two thirds of the entire members of the House”.
