Lagos, Dec 19, 2023 – Femi Falana, a Senior Advocate of Nigeria, has faulted the grounds of the resolution of the crisis between Gov. Siminalayi Fubara of Rivers and Nyesom Wike, the FCT Minister.
The crisis was resolved on Monday night through the intervention of President Tinubu after the two parties entered into an eight-point peace accord.
Falana, however, said some of the eight-point resolution adopted at the meeting were unconstitutional.
In a statement on Tuesday, Falana, said that presidential interventions must always be grounded in the provisions of the constitution.
“With respect, the presidential reinstatement of the 27 cross carpeting members of the Rivers State House of Assembly by the Presidency is alien to the Constitution in every material particular,” Falana said.
“The seats of the cross-carpeting members have been declared vacant by the Speaker known to law.
“To that extent, the Independent National Electoral Commission (INEC) is mandatorily required to conduct the by-election once the ex parte order issued by the Federal High Court last Friday is quashed.”
He said the cross-carpeting legislators could only retain their seats if they could prove that the political party that sponsored them is divided into two or more factions.
“Even if all the cases in the Rivers State High Court and the Federal High Court are withdrawn in line with the advice of the President, it is submitted that all actions taken by the Speaker (Ehie) recognised by the Rivers State High Court, remain valid, including his pronouncement on the vacant seats of the 27 cross carpeting members of the House.
“In other words, only a court of law is constitutionally competent to set aside the pronouncement of the Speaker which is anchored on section 109 of the Constitution. Furthermore, as the Speaker (Ehie) has not been removed by the required number of legislators, a presidential directive cannot remove him,” he said. (GBN)
