Renowned human rights lawyer, Femi Falana has strongly criticized Rivers State Governor, Simi Fubara’s directive to relocate the state assembly’s sittings to the Government House.
Speaking on Channels Television’s Sunday Politics, Falana emphasized that such a move infringes upon the independence of the legislative arm of government, which is constitutionally separate from the executive.
Naija News recalls that Governor Fubara issued an executive order on October 30, 2023, citing the dilapidated state of the assembly complex as the reason for temporarily relocating the assembly’s sittings to the Auditorium, Admin Block of the Government House in Port Harcourt.
The order, detailed in the Executive Order of the Rivers State Government 001-2023, states that all proceedings and business of the Rivers State House of Assembly shall continue at this new location until the necessary repairs are completed.
However, Falana pointed out that the governor’s action might not be legal.
“The house is independent of the executive. So the governor cannot tell the house where to sit,” he argued, highlighting the constitutional breach this action could represent.
The senior advocate referenced a similar case in Oyo State which involved the impeachment of Governor Ladoja.
The Supreme Court nullified the impeachment because it was conducted outside the official legislative chambers, marking a clear deviation from constitutional procedures.
“This was very clear in the Oyo State case which led to the impeachment of Governor Ladoja. The Supreme Court made that point abundantly clear that an impeachment carried out in a hotel deviates clearly from the Constitution,” Falana explained.
According to Falana, any assembly sitting outside its designated complex without proper constitutional procedures being followed is not legally recognized.
“So any sitting of the House outside the premise of the House of Assembly complex will not be known to law; will not be recognized by law,” he stated.
He further emphasized the critical nature of maintaining the separation of powers as delineated by the Constitution.
Falana asserted that if there is a genuine need to relocate the assembly’s sittings, it must be a decision made by the assembly members themselves, not imposed by the executive branch.
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