Renowned human rights lawyer, Femi Falana, reiterated that the members of the Rivers State House of Assembly who switched allegiance from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) have relinquished their positions within the legislative body.
Following the political impasse between former governor of Rivers State and current Minister of the Federal Capital Territory, Nyesom Wike, and Governor Siminalayi Fubara, twenty-five lawmakers aligned with Wike transitioned to the APC.
During an appearance on Channels Television’s Sunday Politics, Falana emphasized that according to the constitution, lawmakers cannot retain their seats if they defect to another party without demonstrating a significant division within their sponsoring party.
Citing legal precedent, Falana stated, “The constitution aims to curb political defections among legislators, unless there’s a clear demonstration of division within the party on a national level.”
He highlighted a court order that prohibits the 25 lawmakers from representing themselves as legislators in the state, along with restraining the speaker from identifying himself as the house speaker.
Falana added, “Unless these lawmakers seek a fresh mandate from the people, it’s unlikely the court will allow them to continue in the legislative house.”
The rift between Governor Fubara and his political mentor, Wike, escalated last year when the Assembly, predominantly composed of Wike’s loyalists, moved to impeach the governor. In response, 27 lawmakers aligned with Wike defected from the ruling PDP in the state to the APC, citing internal divisions within the PDP as their primary reason for defection.