Femi Falana, a renowned human rights lawyer, asserted during an interview with Channels Television on Sunday that members of the Rivers State House of Assembly who defected to the All Progressives Congress (APC) have forfeited their seats.
According to Falana, lawmakers cannot switch parties and retain their membership in the legislative house.
Falana explained that the defected lawmakers would need to demonstrate that there is a division within their former party, the Peoples Democratic Party (PDP), in order to retain their seats.
He referenced a previous Supreme Court ruling in the case of Adetunde and the Labour Party, stating that it is not permissible to defect and remain a member of a legislative house in Nigeria unless there is evidence of party division. As of now, Falana noted, the PDP is considered a unified party.
The Rivers State House of Assembly has been embroiled in a crisis since 2023, stemming from the rift between Governor Siminalayi Fubara and Nyesom Wike, the Minister of the Federal Capital Territory (FCT).
In December 2023, approximately 25 lawmakers of the assembly, who are loyal to Wike, defected from the PDP to the APC. The assembly has a total of 32 seats, with one lawmaker, Dinebari Loolo, passing away in September 2023.
In October 2023, Ehie Edison was elected speaker of the factional assembly after being removed as house leader amidst a plot to impeach Fubara. Edison later resigned as a lawmaker to assume the role of the governor’s chief of staff.
The lawmakers loyal to Wike are led by Martin Amaewhule, the factional speaker. Recently, Fubara claimed that the members of the House of Assembly owe their allegiance to him.
In response, Victor Jumbo, the lawmaker representing Bonny constituency, was elected speaker by lawmakers loyal to Fubara. However, only three lawmakers are part of the Jumbo-led faction, including the factional speaker.
On a recent occasion, Amaewhule alleged that Fubara was planning to demolish the assembly quarters following a visit by the governor.
The assembly quarters serve as the legislative chamber and official residence for lawmakers in the Amaewhule-led faction.
