'Why Fubara can't be impeached' - Blueprint Newspapers Limited

Source: Blueprint Newspapers Limited

Rivers state has 32 state constituencies. This means that the state has 32 House of Assembly members. Currently, there are two factions of the House. One led by Martin Amaewhule and the other led by the new speaker, Oko Jumbo.

All the House of Assembly members were elected on the platform of the Peoples Democratic Party (PDP) in the last general elections. However, about 27 of them had long defected to the All Progressives Congress (APC). One of them died last year and the Independent National Electoral Commission (INEC) is yet to conduct a by-election to fill the vacancy several months after.

That the defected lawmakers have a greater number on their side does not confer legitimacy on them. Their defection to the APC is still a subject of litigation by a group of civil society organisation. The minority faction even with just three members including the speaker has legitimacy on their side. The greater number or greater amount of illegality can never make it legal.

The minority faction which had last year passed the current fiscal budget for the state has all legitimacy and constitutionality on its side. In this case, numbers do not matter. For instance, assuming in a state assembly that comprises 50 lawmakers, 47 of them unfortunately have a fatal accident like a plane crash (God forbid), will the surviving three lawmakers not carry out their duties as lawmakers until the 47 vacancies are filled? Will the remaining three lawmakers not elect a speaker among themselves to continue with the business of legislation or will the state be grounded until the 47 vacancies are filled?

Since Rivers state has two factions of the state assembly now, the activities of the other faction even with greater majority will remain null, void and of no effect until the courts of the land interpret their defection. All their activities so far including the purported intention to impeach the governor will remain invalid until perhaps the Supreme Court finally confers legitimacy on them by upholding their defection to the APC.