The Peoples Democratic Party, PDP, has stated that the 27 All Progressives Congress (APC) lawmakers at the Rivers House of Assembly can’t impeach the Rivers State Governor, Siminalayi Fubara.
According to ruling party in the oil rich State, the APC lawmakers are no longer members of the House.
This was disclosed by the PDP National Publicity Secretary, Debo Ologunagba, at a new conference on Wednesday in Abuja.
Ologunagba described the directive by the Rivers State Chapter of APC as inconsequential. He insisted that the lawmakers have no legal right to commence impeachment proceedings against the governor.
The National Publicity Secretary said that the APC lawmakers had since vacated their seats at the House. He said their vacancy is supported by Section 109 (1) (g) of the 1999 Constitution, as Amended.
Ologunagba said, “The lawmakers claiming to be APC members lost their seats after their defection from the PDP. The lawmakers were elected into the House under the political party platform of PDP.
“For emphasis, Section 109 (1) (g) of the 1999 Constitution provides that: a member of a House of Assembly shall vacate his seat in the House if … (g) being a person whose election to the House of Assembly was sponsored by a political Party. If he becomes a member of another political party before the expiration of the period for which that House was elected.
“It should be noted that Section 109 (1) (g) of the Constitution is self-executory. The import of this provision is that the members of the Rivers State House of Assembly, who defected, have vacated their seat by reason of that defection,” he said.
Ologunagba, therefore, advised APC to come to terms with the fact that Rivers was home to PDP. He stated that the people of the State were not ready to leave the party.
Recall that the Governor Simi Fubura has been having a running battle with the State House of Assembly.
On number of occasion, the Governor has faced threats of impeachment by the House.
source: NAN