Rivers crisis: Tinubu’s peace accord violates Nigeria constitution – Falana

• The accord was greeted with widespread criticism with many saying it’s Tinubu’s move to give Wike the upper hand and weaken Fubara

Human rights lawyer, Femi Falana, has weighed in on the political crisis rocking Rivers and what the intervention of president Bola Tinubu portends for the country.

For weeks on end, the oil rich southern state has been simmering in the cauldron of political uncertainty and social upheaval due to the feud and power tussle between the state governor, Sim Fubara and the FCT minister, Nyesom Wike, over the political and economic control of the state.

The crisis reached a feverish height when 27 members of the state Assembly decamped from the Peoples Democratic Party (PDP) to the ruling All Progressives Congress (APC),

However, Tinubu on Monday brokered a peace accord between the warring groups.

The accord was greeted with widespread criticism with many saying it’s Tinubu’s move to give Wike the upper hand and weaken Fubara.

Reacting to the development, Falana said Tinubu’s intervention ran counter to the provisions of the constitution.

In a statement on Tuesday, the Senior Advocate of Nigeria (SAN) said that the President lacked the power fo reinstate 27 cross carpeting members of the Rivers State House of Assembly.

“With respect, the presidential reinstatement of the 27 cross carpeting members of the Rivers State House of Assembly by the Presidency is alien to the Constitution in every material particular

“The seats of the cross carpeting members have been declared vacant by the Speaker known to law. To that extent, the Independent National Electoral Commission (INEC) is mandatorily required to conduct the by-election once the ex parte order issued by the Federal High Court last Friday is quashed.” he said

The senior lawyer said the cross carpeting legislator can only retain their seats if they can prove that the political party that sponsored them is divided into two or more factions.

“Even if all the cases in the Rivers State High Court and the Federal High Court are withdrawn in line with the advice of the President, it is submitted that all actions taken by the Speaker (Ehie) recognised by the Rivers State High Court, remain valid, including his pronouncement on the vacant seats of the 27 cross carpeting members of the House.

“In other words, 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. Furthermore, as the Speaker (Ehie) has not been removed by the required number of legislators, a presidential directive cannot remove him,” Falana stated.

The senior lawyer further asked INEC to conduct a by-election to fill the 27 vacant seats, adding that “the remaining members of the House are competent to conduct legislative business except the impeachment of the governor which can only be carried out by the two thirds of the entire members of the House”.