‘Only The Rightful Speaker Of The House Can Declare The Seat Of The Members Vacant’ – According to Oshoma

Liborous Oshoma, a Nigerian lawyer, has contended that the 27 legislators in Rivers State who defected to the APC may not lose their seats since the legitimate speaker of the House of Assembly did not proclaim their seats vacant. Despite this, he emphasized the legal implications of lawmakers’ defections by referencing Section 66 of the Constitution. In this section, he stated that if a legislator can show that their defection was the result of a party crisis, they will not be liable to lose their seats. CONTINUE FULL READING>>>>>

He noted that the Supreme Court’s interpretation specifies that the crisis must extend beyond the state level, affecting the party nationally and potentially leading to its division. He however identified that the President sought resolution has been validated by the Court which says Governor Fubara should represent the 2024 budget to the National Assembly led by Honourable Martins Amaewhule.

He said in an interview with TVC, ”Ordinarily by the provisions of the law, I think section 66 of the constitution says that when a lawmaker defects he loses his seat. Provided he has shown that the defection is as a result of the crisis in his party. The Supreme Court has interpreted crisis to mean not just crisis at the state level but crisis at the National level of the party. Such crisis is strong enough to tear the party into two. Also, only the rightful speaker of the House can declare the seat of the members vacant. So the question now would be who is the speaker of the house? The issue of speakership was in question as at that time. Also, the members have contested the declaration of their seat being vacant. But the President has intervened and asked both parties to sheath their swords and let everything return to status quo.” CONTINUE FULL READING>>>>>