Legal expert Femi Falana has criticized the recent declaration of vacant seats in the Rivers State House of Assembly, asserting that the affected lawmakers were not adequately guided by sound legal advice. Falana made these remarks during an interview on Channels Television’s Politics Today aired on Wednesday.
According to Falana, the Independent National Electoral Commission (INEC) is legally obligated to conduct elections to fill the seats left vacant by the lawmakers. He emphasized the importance of complying with Supreme Court pronouncements and urged a thorough study of judgments before making decisions.
In a heated exchange on Politics Today, Falana remarked, “The legislators were not exposed to sound legal advice. Everybody should know that once the Supreme Court has made a pronouncement on a matter in any country, you’re bound to comply, and if you’re going to take any decision, you must study the judgement critically.”
Highlighting a recent case where 20 legislators defected from the People’s Democratic Party (PDP) to the All Progressives Congress (APC), Falana applauded the legal interpretation that mandates declaring seats vacant in such situations. He deemed it a positive development, stating that preventing political “prostitution” is essential for maintaining political morality.
The controversy emerged as the Rivers State House of Assembly declared the seats of 27 members, loyal to Minister Nyesom Wike, vacant after their recent defection from the People’s Democratic Party to the All Progressives Congress. The defections occurred amidst political turmoil related to moves to impeach the state governor, Sim Fubara.
In response to Falana’s criticism, the factional Speaker Edison Ehie defended the Assembly’s decision, citing Section 109 (1) (g) and 2 of the Constitution of the Federal Republic of Nigeria 1999 as amended. “Distinguished colleagues, the House will duly inform the Independent National Electoral Commission of the vacancies in the Rivers State House of Assembly and indeed, to conduct a fresh election to fill the above vacancies,” Ehie declared during the assembly session.
The affected lawmakers, noticeably absent during the session, have yet to respond to the declaration of their seats as vacant. As tensions rise, there are growing calls for a comprehensive legal review of the situation, with implications not only for Rivers State but also for the broader political landscape in Nigeria.