Human rights lawyer, Femi Falana (SAN) has back the decision of a Rivers High Court to suspend 25 members of the Rivers State House of Assembly members who decamped to the All Progressives Congress (APC) from the Peoples Democratic Party (PDP).
PulseNets reports that the court restrained the affected members, who are loyal to FCT minister Nyesom Wike, from parading themselves as lawmakers until hearing on the matter on May 29.
In an interview with ChannelsTV on Sunday night, Falana insisted that the assembly members have lost their seats.
“The 25 lawmakers who defected have lost their seats. They have lost their rights to remain members of the assembly,” Fubara said.
“In the case of Adetunde and the Labour Party, the Supreme Court made it clear that you cannot decamp and then remain a member of a legislative house in Nigeria unless you can show that there is a division in your party. Today, the PDP is one.”
A fresh crisis erupted in the Rivers State Assembly when some of the lawmakers elected Victor Oko-Jumbo as the speaker.
Oko-Jumbo who represents the Bonny constituency was elected by the lawmakers said to be loyal to Governor Fubara. Although the number of persons who picked him as the speaker is unclear.
Falana, has, however, said that the lawmakers need a quorum to elect a speaker.
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“Again, we have to look at the Constitution. Before the House can conduct proceedings, the House must form a quorum to conduct the business of the House, and a quorum in the Constitution is defined,” Falana said.
“But if you want to remove the governor by way of impeachment, again you must have a two-thirds majority of the legislature. This is very clear.”