Renowned Human Rights Lawyer, Femi Falana, SAN, has raised concerns regarding President Bola Tinubu’s directive reinstating the 27 defected members of the Rivers State House of Assembly, stating that such actions are unconstitutional.
In a statement released to the media in Abuja, Falana noted that while presidential intervention might be necessary in addressing crises, such interventions must align with constitutional provisions.
President Tinubu’s interventions must adhere strictly to constitutional frameworks, Falana stated, stressing that former Governor Tunde Fashola, SAN, had similarly underscored that the President has no constitutional authority in resolving the political crises in Ondo and Rivers states.
The legal luminary stressed that the seats of the legislators who defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) had been declared vacant by the Speaker, a move recognized by law.
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He said, “Even if all the cases in the Rivers State High Court and the Federal High Court are withdrawn in line with the advice of the President, it is submitted that all actions taken by the Speaker recognised by the Rivers State High Court remain valid,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 has not been removed by the required number of legislators, a presidential directive cannot remove him.
“Given the foregoing, the President and all the parties involved in finding political solutions to the crisis in Rivers State are advised to turn to the Constitution for guidance without any further delay.”
