Welcome to Voice of Nigeria Forum

Why Femi Falana believes, The Martin Ameawhule-Led rivers Assembly may never be reinstated - Voice of Nigeria Forum

Why Femi Falana believes, The Martin Ameawhule-Led rivers Assembly may never be reinstated - Buzzyforum

Why Femi Falana believes, The Martin Ameawhule-Led rivers Assembly may never be reinstated

Profile Picture by BishopNuel at 02:22 am on February 11, 2025
In the ongoing legal battle over the fate of 27 lawmakers from Rivers State, according to DailyPost. A renowned Nigerian lawyer and human rights activist, Femi Falana, has given his perspective on why the Martin Amaewhule-led House of Assembly might never regain its seats. His remarks come after a series of high-stakes legal proceedings and political defections that have thrown the issue into the spotlight.

The controversy began in 2024 when Rivers State Governor, Siminalayi Fubara, made a bold move by declaring the seats of 27 lawmakers vacant. This decision followed their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). Fubara's action was rooted in the assertion that the lawmakers had violated the state's constitution by switching allegiance between parties without a faction within their former party, the PDP.

The case took a new twist when, in a surprising move, the Court of Appeal ruled in favor of the lawmakers, nullifying their expulsion and paving the way for their potential reinstatement. However, the battle was far from over, as the governor swiftly appealed the decision to the Supreme Court.

On Monday, the Supreme Court finally made its ruling on the matter, but it did not bring the clarity some had hoped for. In a surprising development, the governor’s legal team withdrew the case, explaining that it had been "overtaken by events." This withdrawal left many wondering what this meant for the lawmakers' positions in the state assembly.

Following the Supreme Court's ruling, senior legal figure Ken Njemanze, a Senior Advocate of Nigeria, stated that the lawmakers could now resume their roles in the state assembly, as the matter had been effectively settled in their favor.

However, Femi Falana strongly disagrees with this assessment. In an interview with Channels TV, Falana argued that the lawmakers' expulsion still stands. Drawing from the Supreme Court's previous rulings, he pointed out that legislators who defect from their parties without a faction automatically lose their seats. Since the PDP did not have any faction at the time the lawmakers defected, their expulsion, in his view, remains valid.

Adding another layer to the situation, Falana revealed that the case is still ongoing in the Federal High Court in Port Harcourt. A hearing scheduled for February 17 will address whether the lawmakers can continue to identify as members of the assembly despite their party switch. This hearing could be pivotal in determining the future of the defector lawmakers and their political careers.

According to Falana, Nigerian law is clear on this matter. Under the country's legal framework, a lawmaker is only allowed to switch parties if their original party is divided at the national level—a condition that did not apply to the PDP during the time of the defections.

As the case continues to unfold, all eyes will be on the February 17 hearing. Whether or not the lawmakers can successfully resume their duties in the assembly hinges on a legal interpretation that has the potential to reshape party politics in Nigeria. Falana’s firm stance suggests that, for the moment, the 27 lawmakers may not be returning to their seats anytime soon, despite the complex legal and political maneuvering surrounding their case.

With such a significant legal challenge still at play, the next steps in this saga will likely influence future defections and party-switching in Nigerian politics for years to come.
Topic Image

Comments

No comments yet. Be the first to reply!

( Login to Reply )