- Fubara cannot tell Legislature where to meet, Falana says
Human rights lawyer, Femi Falana (SAN), says members of the Rivers State House of Assembly, who defected to the All Progressives Congress (APC), have lost their seats.
Speaking in an interview with Channels Television’s “Sunday Politics,” on Sunday, May 12, Falana said lawmakers could not decamp and remain members of the legislative house.
Notwithstanding, the outspoken lawyer has faulted Governor Siminalayi Fubara for directing members of the state assembly to meet at the Government House, saying the legislature is independent of the executive.
He explained that since both arms of government are independent, Fubara cannot change the sitting venue of the Rivers State House of Assembly. The Conclave reports on the interview, culled from VeracityDesk.
The human rights lawyer argued that the decamped lawmakers would have to show that there was division in their previous party — the Peoples Democratic Party (PDP).
“The 25 lawmakers, who defected, have lost their seats. They have lost their rights to remain members of the assembly. That is the law,” Falana said.
“In the case of Adetunde and the Labour Party (LP), 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 division in your party. Today, the PDP is one.”
On Fubara relocating the legislative assembly to the Government House in Port Harcourt, Falana said: “I would like to assume that the governor issued that executive order before the intervention of the High Court in Rivers State.
“The house is independent of the executive. So the governor cannot tell the house where to sit.”
Fubara had on Friday, May 10, issued an executive order for the immediate and temporary relocation of the sitting of the Rivers State Assembly to the Auditorium, Admin Block of the Government House, Port Harcourt.
In an official Gazette, Executive Order of the Rivers State Government 001-2023, Fubara cited the unsafe state of the House of Assembly complex.
“NOW THEREFORE, I SIR SIMINALAYI FUBARA GSSRS, the Governor of Rivers State this 30th day of October 2023, Pursuant to the powers vested in me under the 1999 Constitution of the Federal Republic of Nigeria (as amended) hereby ISSUE, ORDER, AND DIRECT that all proceedings and business of Rivers State House of Assembly shall temporarily take place at the Auditorium, Admin Block, Government House, Port Harcourt until the repairs, renovation or reconstruction of the chambers of the Rivers State House of Assembly are completed,” part of the gazette read.
But Falana insisted that Fubara was wrong to move the sitting venue of the Rivers State House of Assembly, and referenced an impeachment of a governor done outside the premises of the House of Assembly, which was nullified by the Supreme Court.
“This was very clear in the Oyo State case which led to the impeachment of Governor Ladoja whereby, under the influence of the late Chief Lamidi Adedibu, the House was alleged to have sat in a hotel and the Supreme Court made that point abundantly clear that an impeachment carried out in a hotel deviates clearly from the Constitution,” the human rights lawyer said.
“So, any sitting of the House outside the premise of the House of Assembly complex will not be known to law; will not be recognised by law.”
Falana said if there is a need for a sitting elsewhere, “the members of the House of Assembly, properly constituted, will have to decide where to carry out their meeting.”
“There is a separation of powers under the Constitution and each organ of the government must recognise its own powers and limitations,” he said.
The New Diplomat recalls that the Rivers assembly has been engulfed in crisis since 2023, following the rift between Governor Fubara and former Governor and Minister of the Federal Capital Territory (FCT), Chief Nyesom Wike.
In December 2023, at least 25 lawmakers of the assembly, who are loyal to Wike, defected from the PDP to APC in the 32-member chamber. One of the lawmakers, Dinebari Loolo, died in September 2023.
In October 2023, Edison Ehie was elected Speaker of the factional assembly, after his removal as house leader by members, led by Martin Amaewhule — amid the plot to impeach Fubara. Ehie later resigned as a lawmaker to become Chief of Staff (CoS) to the governor.
On Monday, May 6, Fubara said that members of the house of assembly loyal to Wike owe their existence to him. Days later, Victor Jumbo, representing the Bonny constituency, was elected Speaker by two other pro-Fubara lawmakers.
Last Thursday, May 9, Amaewhule alleged that Fubara was planning to demolish the assembly quarters after a visit by the governor.
The assembly quarters serve as the hallowed chamber and official residence of lawmakers in the Amaewhule-led faction.
