Falana Responds to Governor Fubara’s Executive Order Transferring Rivers Assembly Sitting to Govt House

Governor Simi Fubara of Rivers State has faced criticism from human rights lawyer Femi Falana (SAN) for instructing members of the state assembly to hold their sitting at the Government House.

Falana emphasized the distinct roles of the executive and legislative arms, stating that the governor does not have the authority to dictate the venue of the Rivers State House of Assembly.

Falana noted that the legislature operates independently from the executive, and therefore, the governor cannot mandate where the assembly should convene. Governor Fubara had issued an executive order for the immediate relocation of the assembly to the Government House Auditorium due to safety concerns regarding the current assembly complex.

However, Falana argued against this decision, citing a previous case where an impeachment conducted outside the assembly premises was invalidated by the Supreme Court.

The Oyo State case, which resulted in the impeachment of Governor Ladoja, exemplified the violation of constitutional principles. According to Falana, the House was accused of convening in a hotel under the influence of Chief Lamidi Adedibu.

The Supreme Court made it clear that conducting an impeachment outside the assembly complex goes against the Constitution. Falana emphasized that any assembly session held outside the designated premises would not be legally recognized.

He underscored the significance of adhering to constitutional procedures and stated that if an alternate venue becomes necessary, the members of the House of Assembly must collectively decide on an appropriate location.

Ultimately, Falana concluded that respecting the separation of powers, as outlined in the Constitution, is crucial for the effective functioning of democratic governance.