In a recent interview on Channels TV’s Sunday Politics, human rights lawyer Femi Falana, SAN, reiterated that members of the Rivers State House of Assembly who abandoned the Peoples Democratic Party (PDP) for the All Progressives Congress (APC) have forfeited their legislative seats. The statement from Falana comes amidst the ongoing political turmoil between key figures in Rivers State.
Following the defection of 25 lawmakers, reportedly loyal to the former governor and current Minister of the Federal Capital Territory, Nyesom Wike, to the APC amid his dispute with Governor Siminalayi Fubara, Falana emphasized the legal consequences of their actions. According to Falana, legislators cannot retain their seats after defecting to another party unless they can demonstrate a significant division within their original party, as stipulated by the constitution.
“The whole idea is that the constitution set out to ban political prostitution on the part of legislators,” Falana remarked.
He further highlighted a court order that restrains the defected lawmakers from representing themselves as legislators and prevents the speaker from identifying himself as the house speaker. Falana emphasized the necessity for these lawmakers to seek a fresh mandate from the people if they wish to retain their positions.
Referring to a precedent set by the Supreme Court in a previous case, Falana underscored the requirement for a substantial division within the party at a national level to justify defection while retaining legislative seats.
The political crisis between Fubara and his mentor, Wike, escalated last year when the Assembly, primarily comprised of Wike’s loyalists, attempted to impeach the governor. Subsequently, 27 lawmakers aligned with Wike defected from the ruling PDP to the APC, citing internal division within the party as their rationale for the switch.
