Why Tinubu Can’t Reinstate 27 Cross Carpeting Rivers Lawmakers – Falana

Why Tinubu Can’t Reinstate 27 Cross Carpeting Rivers Lawmakers – Falana

In the midst of the ongoing controversy surrounding President Bola Tinubu’s involvement in the Rivers State crisis, human rights lawyer Femi Falana has asserted that the President lacks the authority to reinstate the 27 members of the Rivers State House of Assembly who switched political allegiance.

In a statement issued on Tuesday, the Senior Advocate of Nigeria (SAN) emphasized that any presidential intervention must adhere to the constitutional provisions.

Falana underscored the necessity for such interventions to align with the principles outlined in the constitution.

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“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 said.

In the past three months, Rivers State has become a stage for chaos, particularly within the State House of Assembly, resembling a metaphorical “boxing ring.”

The discord between Governor Siminalayi Fubara and his predecessor, Nyesom Wike, resulted in a legislative split, as 27 lawmakers defected from the Peoples Democratic Party (PDP) to the ruling All Progressives Congress (APC), a party Wike currently serves under at the central government level.

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This feud witnessed parallel legislative sessions, an impeachment plot against the governor, the demolition of the Assembly complex, and a wave of resignations from pro-Wike commissioners in Fubara’s cabinet. In an attempt to address the escalating tensions, the President convened a meeting on Monday with Fubara and Wike at the Aso Villa in Abuja.

Following the meeting, the President issued directives for the resolution of the disputes. These directives included the withdrawal of all legal matters initiated by Fubara and his team, as well as the recognition of the leadership of Martin Amaewhule in the Rivers State House of Assembly, instead of Edison Ehie. The President’s instructions also indicated the reinstatement of Amaewhule and his 26 associates in the House.

However, Falana said, “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.”

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The senior lawyer said the cross carpeting legislator can only retain their seats if they can 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,” Falana stated.

The senior lawyer further asked INEC to conduct a by-election to fill the 27 vacant seats, adding that “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”.

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