Renowned human rights lawyer, Femi Falana, SAN, has voiced constitutional concerns over President Bola Tinubu’s directive reinstating the 27 defected members of the Rivers State House of Assembly. Falana emphasized the need for presidential interventions to align with constitutional provisions.
In a statement released in Abuja, Falana acknowledged the necessity of addressing crises but highlighted the importance of adhering strictly to constitutional frameworks. He referenced former Governor Tunde Fashola, SAN, who similarly emphasized that the President lacks constitutional authority in resolving political crises in Ondo and Rivers states.
Falana pointed out 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. He stressed that even if all court cases are withdrawn, the actions taken by the Speaker, as recognized by the Rivers State High Court, remain valid.
The legal luminary asserted that 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. Additionally, as the Speaker has not been removed by the required number of legislators, a presidential directive cannot remove him.
Falana urged all parties involved in finding political solutions to the crisis in Rivers State to turn to the Constitution for guidance. He emphasized the importance of following constitutional provisions without further delay.
