Wike vs Fubara: Tinubu’s Peace Pact Unconstitutional — Falana

Falana

Foremost human rights lawyer, Femi Falana (SAN) has faulted the proposed peace pact by Bola Tinubu to reinstate the 27 defected members of the Rivers State House of Assembly, stating that such actions are unconstitutional and should be discarded.

Falana, in a statement released to journalists in Abuja, noted that while presidential intervention might be necessary in addressing crises, such interventions must align with constitutional provisions.

“Even if all the cases in the Rivers State High Court and the Federal High Court are withdrawn in line with the advice of the President, it is submitted that all actions taken by the Speaker recognised by the Rivers State High Court remain valid,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. 

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“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 has not been removed by the required number of legislators, a presidential directive cannot remove him.

“Given the foregoing, the President and all the parties involved in finding political solutions to the crisis in Rivers State are advised to turn to the Constitution for guidance without any further delay,” Falana said.