HUMAN rights activist and constitutional lawyer, Mr Femi Falana (SAN) has said that Governor Siminalayi Fubara of Rivers State was wrong for instructing members of the state Assembly to have their sitting at the Government House.
Speaking on Channels Television’s Sunday Politics, Falana emphasized the separate roles of the executive and legislative arms, asserting that Governor Fubara lacks the authority to dictate the venue of the Rivers State House of Assembly.
“I would like to presume that the governor issued that directive prior to the High Court intervention in Rivers State.
“The Legislature operates independently from the Executive, hence the governor cannot mandate where the assembly should convene”, Falana remarked during the show.
Governor Fubara had issued an Executive Order 001 on Friday for the immediate relocation of the Rivers State Assembly to the Government House Auditorium, citing safety concerns regarding the current Assembly complex.
In an official Gazette, Executive Order of the Rivers State Government 001-2023, Sir Fubara stated, “All proceedings and business of Rivers State House of Assembly shall temporarily take place at the Auditorium, Admin Block, Government House, Port Harcourt until the repairs, renovation or reconstruction of the chambers of the Rivers State House of Assembly are completed.”
However, Mr Falana argued against the governor’s decision, referencing a previous case where an impeachment conducted outside the Assembly premises was invalidated by the Supreme Court.
“This was evident in the Oyo State case which led to the impeachment of Governor Ladoja, where the House was alleged to have convened in a hotel under the influence of the late Chief Lamidi Adedibu,” Falana explained.
“The Supreme Court unequivocally stated that an impeachment conducted outside the assembly complex violates the Constitution.”
Falana stressed that any Assembly session held outside the designated premises would lack legal recognition, emphasizing the importance of upholding constitutional procedures.
“If there arises a necessity for an alternate venue, the duly constituted members of the House of Assembly must collectively decide on the appropriate location for their proceedings,” he concluded.
“Respecting the separation of powers enshrined in the Constitution is imperative for the smooth functioning of democratic governance.”
Eighteen-Eleven Media