Prominent human rights lawyer, Femi Falana (SAN) has explained why it would be difficult for lawmakers loyal to former Rivers State governor, Nyesom Wike to impeach the state governor, Siminalayi Fubara.
Giving the legal and constitutional insight while appearing on Channels TV’s Sunday Politics, Falana explained that Pro-Wike lawmakers would need a two-thirds majority of the legislators.
Naija News reports that Falana also highlighted the constitutional requirements for legislative procedures, stressing the importance of adhering to these standards to maintain the integrity of legislative processes.
Falana said, “Again, we have to look at the Constitution. Before the House can conduct proceedings, the House must form a quorum to conduct the business of the House, and a quorum in the Constitution is defined.
“But if you want to remove the governor by way of impeachment, again you must have a two-thirds majority of the legislature. This is very clear.”
The SAN reiterated his stance that the 25 members of the Rivers State House of Assembly, who recently defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), have effectively lost their positions.
His comments come amid the ongoing political strife within the state that has seen significant shifts in party allegiance, influencing the legislative dynamics of the assembly.
The defection occurred in the backdrop of the escalating political conflict between Governor Siminalayi Fubara and his predecessor, now the Minister of the Federal Capital Territory, Nyesom Wike.
This group of lawmakers, previously aligned with Wike, shifted their allegiance to the APC, prompting debates on the legality of their continued membership in the assembly.
Falana emphasized, “The 25 lawmakers who defected have lost their seats. They have lost their rights to remain members of the assembly.”
He referenced a precedent set by the Supreme Court in the case of Adetunde and the Labour Party, which clarified that lawmakers could only retain their seats if their original party was undergoing a division, which he affirmed is currently not the case with the PDP.
This controversy further intensified with Victor Oko-Jumbo’s election as the new speaker of the assembly, representing the Bonny constituency.
Oko-Jumbo’s election by the faction loyal to Governor Fubara has been shrouded in ambiguity regarding the legitimacy of the voting process and the actual number of lawmakers who supported his speakership.
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