*Says Courts Have Sole Power To Reverse Ruling On Rivers Speaker
*Says Defected Rivers Lawmakers Lost Seats, Speaker Rightly Declared Vacant
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Renowned human rights lawyer, Femi Falana SAN, has stated that while the President may intervene in state crises, such intervention can only be advisory as the Constitution does not assign the President any role in resolving state political disputes.
Falana echoes the stance of former Governor Tunde Fashola SAN, stating that President Tinubu lacks a constitutional role in resolving the political turmoil in Ondo and Rivers States, emphasizing that presidential intervention is merely advisory.
Falana raises constitutional concerns over the presidential reinstatement of 27 cross-carpeting members of the Rivers State House of Assembly. He contends that this move is inconsistent with the Constitution, as the seats of these members were declared vacant by the legally recognized Speaker. The lawyer argues that, should the ex parte order issued by the Federal High Court be quashed, the Independent National Electoral Commission is obligated to conduct by-elections.
Referencing the Supreme Court’s ruling in Abegunde v Labour Party (2015) LPELR 24588 (SC), Falana emphasizes that legislators who defect from their sponsoring political parties automatically lose their seats unless they can prove factionalization within the party. According to him, the 27 members who moved from PDP to APC in Rivers State have lost their seats, as the PDP is not divided as required by the Constitution.
Falana contends that even if all court cases are withdrawn in line with the President’s advice, the pronouncements made by the Speaker, recognized by the Rivers State High Court, remain valid. He underscores that only a court of law can set aside such pronouncements, and presidential directives cannot remove the Speaker, who has not been removed by the required number of legislators.
The human rights lawyer emphasizes that until by-elections fill the 27 vacant seats, the remaining House members can conduct legislative business, excluding the impeachment of the Governor, which requires a two-thirds majority. Falana advises all parties involved to turn to the Constitution for guidance in resolving the Rivers State crisis promptly.
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