As the political crisis in Rivers continues to attract comments, Human Rights Activist and Senior Advocate of Nigeria, Femi Falana says that the 27 lawmakers may have been inadequately advised regarding their leaving the party that produced them, the PDP.
Speaking in an interview with Channels Television, the Senior Advocate argued that legislators who switch parties without demonstrating a party division have forfeited their seats, as outlined in the constitution.
He pointed out that the High Court in Port Harcourt had issued an injunction preventing the 27 lawmakers from identifying themselves as members of the Rivers State House, stressing that, this injunction was based on their defection from their original political party, which, according to the court, resulted in the forfeiture of their legislative positions.
The Human Rights Activist is of the opinion that the Governor of Rivers State, Sim Fubara had challenged the authority of the 27 lawmakers to initiate impeachment proceedings against him, citing their loss of legislative status as per the law.
According to him, ”The High Court in Port Harcourt granted an injunction in restraining the 27 lawmakers from parading themselves as members of the Rivers state House. And this is on the ground that they had decamped and thereby, for now, they have forfeited their right to be legislators. I think what would be required for them is perhaps to go to the court and join issues. The lawmakers were threatening impeachment and the governor challenged them. He has challenged their locus standard to begin the impeachment proceedings since the law has said they have lost their seats.”
Frankly speaking, I think they were not properly guided or advised. Because unless you can show or demonstrate that there is a division in a political party that sponsored your election, you cannot remain in any legislative house if you decamp or cross to another party. The whole idea is that the constitution set out to ban political prostitution on the part of legislators in Nigeria. As of today, there is a court order refraining the 27 lawmakers from parading themselves as legislators in that state. And the speaker is also refrained from parading himself as the speaker of the house. has alleged that the Governor of Rivers State, Sim Fubara had challenged the authority of the 27 lawmakers to initiate impeachment proceedings against him, citing their loss of legislative status as per the law, Falana further argued.