Legal practitioners in the Niger Delta region have raised objections to the outcome of the peace talks led by President Bola Tinubu, aimed at resolving the intense political conflict in Rivers State.
The resolution instructed Governor Sim Fubara to withdraw ongoing lawsuits related to the crisis and to resubmit the 2024 appropriation bill to the full House of Assembly.
However, several lawyers have criticized this move, asserting that it constitutes an abuse of power and a disregard for the Federal Republic of Nigeria’s constitution.
Former Akwa Ibom Attorney General and Senior Advocate of Nigeria (SAN) Uwemedimo Nwoko expressed disappointment, stating, “It is very sad that the president would preside over the desecration of the constitution that he had taken an oath to protect. It is scandalous, embarrassing, shameful, despicable, and condemnable.”
Eric Omare emphasized the legal perspective, stating, “A mere agreement between parties cannot override the law, especially where the issue involves the constitution of the country. The President Tinubu-led settlement cannot override the position of the law.”
Ted Eno highlighted the explicit provisions of the Nigerian Constitution regarding legislators switching political parties and asserted, “Their continued stay in office is unconstitutional and illegal.”
Amaebi Clarkson, referring to the matter as subjudice, dismissed the resolution’s significance and urged Governor Fubara to pursue legal avenues vigorously.
Ogunbiyi Olajuwon emphasized the constitutional provisions regarding the defection of House members and insisted that the President’s intervention has no force of law.
Kayode Ajulo, SAN, expressed concern about the President disregarding the constitution, emphasizing the importance of being guided by the rule of law.
Kunle Adegoke, SAN, defended President Tinubu’s intervention, stating that there is nothing unconstitutional about it. He argued that the President’s role is to call parties to order when a destructive battle occurs between the state governor and former governor.
However, Israel Olorundare, SAN, disagreed, echoing the views of other legal experts, stating that President Tinubu has no constitutional role in the matter. He emphasized the need for the parties involved to settle their differences in court rather than through a non-binding agreement.
In summary, legal experts are divided on the legality and constitutionality of the peace parley resolution, with some expressing strong reservations about its implications for the rule of law in Nigeria.
