Renowned human rights lawyer, Femi Falana, maintains that the legislators from the Rivers State House of Assembly who switched allegiance from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) have forfeited their positions in the legislative chamber.
Falana made this assertion during an appearance on Channels Television’s Sunday Politics, emphasizing that the lawmakers’ transition to the APC necessitates their removal from office.
Citing constitutional provisions, Falana explained, “Unless there is a demonstrated division within the political party that sponsored your election, you cannot retain your seat in any legislative body after defecting to another party.”
He further elaborated, “The essence is to prevent political maneuvering on the part of legislators.”
Falana highlighted a court order restraining the 25 defected lawmakers from representing themselves as legislators, as well as barring the speaker from claiming the title of the house’s speaker.
“It may be challenging to convince the court to allow them to continue serving in the legislative house unless they are willing to seek a fresh mandate from the electorate,” Falana remarked.
He referenced a precedent set by the Supreme Court in the case of Adetunde and the Labour Party, emphasizing that legislators cannot switch parties and retain their seats unless there is a proven national-level division within their original party.
The rift between Governor Fubara and his political mentor, Wike, escalated last year when the Assembly, largely comprising Wike’s supporters, attempted to impeach the governor.
Following this, 27 lawmakers aligned with Wike defected from the ruling PDP to the APC, led by Martin Amaewhule, citing internal divisions within the PDP as the primary reason for their defection.
