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

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

by Victor Ndubuisi
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Leading human rights attorney Femi Falana (SAN) has criticised Bola Tinubu’s proposed peace agreement to return the 27 disloyal members of the Rivers State House of Assembly, arguing that it is unlawful and ought to be abandoned.

In a statement given to media in Abuja, Falana pointed out that although presidential action may be required to handle emergencies, such interventions must be compliant with the constitution.

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“Even if all the cases in the Rivers State High Court and the Federal High Court are withdrawn in line with the advice of the President, it is submitted that all actions taken by the Speaker recognised by the Rivers State High Court remain valid,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

“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.

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“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,” he said.

 

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