The former Chairman of the Presidential Advisory Committee Against Corruption (PACAC), Prof. Itse Sagay (SAN), has advised members of the Rivers State House of Assembly against initiating impeachment proceedings against the Governor, Sim Fubara, against the backdrop of their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).....KINDLY READ THE FULL STORY HERE▶
Opinions have remained sharply divided on the constitutional/legal implications of legislators “cross carpeting” when there is no noticeable division within the leadership structure of the political party that ensured their victory.
In a telephone interview with New Telegraph, the renowned constitutional lawyer said, among others: “Because of that, it will be very risky for them to bring impeachment proceedings, because the governor is going to go to court to stop the proceedings on the grounds that they are no longer members of the House.
“So, that issue has to be decided before they commence the impeachment proceedings. “The constitution is very clear that for you to change from one party to the other, as a member of any House, in the country, you have to resign your seat. “If you don’t resign, then, of course, you will be deemed to have lost your membership of the House.
“Because, it is legally impossible…unless there is a controversy (in the party), and as a result, you have been affected, and therefore, you are crossing over to another party.
“I believe what the governor is saying is that, they are automatically no longer members of the House, and he is going to ignore them.” He added: “That is a terrible legal argument, which can only be settled by the Court. So, that’s my view. “I just stated the law as it is.
The fact we don’t know: is there a breakdown within the PDP? Factions have been created? “And they are affected by these factions, and therefore, want to leave the party? Those have to be established. “Frankly, I have not seen evidence of that. The PDP in Rivers State did not have any crisis; they didn’t have any crisis, as far as I know.
“So, it is for them to establish, and I think what is going to happen is that one of the parties is going to seek a declaration from the court of their status. “And until then…anybody can call them anything; say they are no longer members of the House, because they have crossed to another party. “And, therefore, they have lost their seats.
And that may be the argument of the governor. I’m sure that is what he is relying on. “And they will say ‘no, no, we have no’; we left because there was a crisis, and the party has broken into two, and there is controversy everywhere, and we have changed party. If that is the case, it’s only the court that can settle it.”