Femi Falana, a prominent human rights lawyer, has emphasized that members of the Rivers State House of Assembly who defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) have forfeited their positions in the legislative body.
Falana made this assertion during an appearance on Channels Television’s Sunday Politics program.
Citing constitutional provisions, Falana explained that legislators who defect to another party without demonstrating a division within the party that sponsored their election cannot retain their seats in the legislative arm.
He characterized this constitutional provision as aimed at preventing political opportunism among legislators.
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Falana highlighted that there is a court order restraining the 25 lawmakers who defected from representing themselves as legislators in the state.
This order also prohibits the speaker of the house from identifying himself as the speaker.
He suggested that unless the lawmakers are willing to seek a renewal of their mandate from the people, it would be challenging to persuade the court to allow them to remain in the legislative house.
Referencing a Supreme Court precedent in the case of Adetunde and the Labour Party, Falana reiterated that legislators cannot defect and retain their membership in a legislative house unless they can demonstrate a division within their party at the national level.
The crisis between Governor Siminalayi Fubara and his political ally Nyesom Wike, which led to the defection of the lawmakers from the PDP to the APC, stemmed from attempts by the predominantly Wike-aligned Assembly to impeach the governor.
The lawmakers who defected to the APC cited internal division within the PDP as their reason for transitioning to the APC.
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