Femi Falana, a rights activist says the lawmakers in the Rivers state House of Assembly who defected to the All Progressives Congress, APC, have lost their seat.
A senior advocate, Falana made this known on Sunday on a Channels television programme.
He spoke amidst the ongoing squabble for the control of the assembly by lawmakers supporting Nyesom Wike, the immediate past governor of the state and his successor, Simi Fubara.
The political crisis that started last year after Governor Fubara jilted Wike took a new dimension last week after 27 lawmakers supporting the former governor now Minister of the Federal Capital Territory, FCT, threatened to impeach the governor over his failure to sign this year’s Budget.
Some pro- Fubara Peoples Democratic Party, PDP, lawmakers in the assembly later elected Victor Oko-Jumbo, a member representing Bonny State Constituency as Speaker to replace Martin Amaewhule, an ally of Wike who defected alongside 24 others to the APC early this year.
Recall also that a high court in the state had bared the 27 lawmakers who defected to the APC from parading themselves as members of the assembly. The case is still in court.
Reacting to the clash between pro-Wike and Fubara’s yesterday, Falana stated that the law is very clear on the defection from one political party to the other.
According to him, the 27 lawmakers backing the former governor are not allowed to hod on to their seats having dumped the PDP.
The senior advocate further stated that the lawmakers have not be able to show that there is a division in the PDP, as required by the Constitution.
He said, “Unless you can show and demonstrate that there is division in a political party that sponsored your election, you cannot remain in any legislative arm if you decamp to another party.
“The whole idea is that the constitution set out to ban political prostitution on the part of legislators.
“It may be very difficult to persuade the court to allow them to remain in the legislative house unless they are prepared to go back to the people and have their mandate renewed by the people.
“The Supreme Court made this clear in the case of Adetunde and the Labour Party, that you cannot decamp and then remain a member of a legislative house in Nigeria unless you can show that there is a division in your party. It doesn’t mean a division in a local government or a state. It has to be on the national level. That is the position of the court.’
Meanwhile, Wike on Sunday assured the lawmakers supporting him that they will not be removed from their position.
“So nobody should kill himself. Let me say it clearly, do not be frightened that anybody will remove you as an Assembly member. Most of you do not understand, this is our work. I have no other work than to make them angry everyday. They will continue to make mistakes everyday and they will keep being in trouble everyday,” Wike said on Sunday in Port Harcourt.
“If they like, they can go to anybody’s house by 2am to secure court injunction, but foul, the law will take its course. We are not afraid, we follow due process. We will not arm anybody to fight for us.”
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