Wike vs Fubara: Nigerian Lawyer Speaks on Legality of 4 Lawmakers Passing Budget in 1 Day
- The Supreme Court has been called to provide more clarification on the constitutional crisis lingering in the Rivers state politics
- Barrister Titilope Anifowoshe made the call while speaking with Legit.ng on the legality of Governor Siminalayi Fubara's action of presenting the 2024 budget to four of the 32 lawmakers and signing it 24 hours after
- Fubara and his predecessor, Nyesom Wike, have been plunged into a political rift, a development which has led to a constitutional crisis in the state's House of Assembly
Legit.ng journalist Bada Yusuf is an accomplished politics and current affairs editor, boasting over seven years of experience in journalism and writing.
Port Harcourt, Rivers state - The Supreme Court has been called to take action on the political crisis in Rivers state as governor Siminalayi Fubara presented over N800 billion to four of the 32 members of the state house of assembly.
In an exclusive chat with Legit.ng, Barrister Titilope Anifowoshe condemned the governor's action and described the declaring vacant seat of the 27 lawmakers as illegal.
Source: Twitter
The legal icon justified the defection of the lawmakers from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), citing the reported crisis rocking the former.
Barrister Anifowoshe speaks on constitutional crisis in Rivers
She made the proposition as the political rift between Governor Fubara and his predecessor, Nyesom Wike, deepened.
According to the Barrister:
"The Rivers State Assembly holding plenary for budget presentation and signing with four members out of 32 elected lawmakers is another political voodoo worthy of prompt judicial attention.
"It's an issue of two different waters flowing in the same channel, but God forbid, a time when illegality overrides over explicit legal provisions all in the name of sentiments.
"1. A House of Assembly's quorum is defined as one-third of the House's members, as stated in Section 96 of the 1999 Constitution.
"2. The seats of the 27 absent lawmakers had been declared empty by the Speaker of the Rivers State House of Assembly in consonance with Section 109 (1) of the 1999 Constitution which states that A member of a House of Assembly shall vacate his seat in the House if - being a person whose election to the House of Assembly was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected
"This position of the law was upheld by Supreme Court in Sunday Ifedayo Abegunde V Ondo State House of Assembly & Ors’ (2014) LPELR- 23683 and in plethora of cases.
"However, the evicted lawmakers may hold on to Section 109 (1) (g) of the 1999 Constitution which provides that:
“'Provided that his membership of the latter political party is not as a result of a division in the political party of which he was previously a member or of a merger of two or more political parties or factions by one of which he was previously sponsored;'
"In the case of NDIC v O’Silvaax International’ the Court held that a section of an Act that contains a proviso must be read as a whole, each part throwing light on the other.
"3. Does the Open Conflict between Minister Nyesom Wike and Governor Fubara amount to a division in PDP that can warrant the defection of the PDP members?
"Does the defection of 27 lawmakers from the People’s Democratic Party (PDP) to the All-Progressives’ Congress (APC) amount to the loss of their seats?
"No
"The Court held in Delta State House Of Assembly & Anor v Democratic Peoples Party & Ors (2014) LPELR- 22808(CA):
“'For the person defecting to another party to be able to take advantage of the proviso in S.109(1)(g), he must prove that the party he is leaving has been divided into two or more. That is to say, the party must be so polarized as to have two chairmen, two or three different boards of Trustees each claiming to be the authentic one and each still bearing the same party name. That is the type or extreme division envisaged by the Constitution. The defector would also be covered by the proviso where the party has split into two whereby one of the factions is bearing another name and he chose to join the faction of the party with the new.'
"Does the eviction violate the fundamental rights of association of the lawmakers?
"I doubt if Section 109 violates their right of association or African Charter on Human and Peoples Right .
"As Niki Tobi JSC said in the case of FEDECO V. Goni, 'We should call spade its correct name of spade and not a machete because it is not one.'”
Wike vs Fubara: Two reps lead solidarity march
Legit.ng earlier reported that Governor Siminalayi Fubara of Rivers state appeared to be getting more assertive in his fight against his predecessor, Nyesom Wike.
This is as two lawmakers in the House of Representatives, Awaji-Inombek Abiante and Boma Goodhead, led the Ijaw Youths Council in support of the governor.
This is coming at a time when eight members of Fubara's cabinet resigned their appointments, citing personal reasons.
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Source: Legit.ng
