Rivers State has 32 state constituencies, meaning there are 32 House of Assembly members. Currently, the House is divided into two factions, one led by Martin Amaewhule and the other by the new speaker, Oko Jumbo.
All the members were elected on the People's Democratic Party (PDP) platform in the last general election. However, about 27 of them have defected to the All Progressives Congress (APC). One member died last year, and the Independent National Electoral Commission (INEC) has yet to conduct a by-election to fill the vacancy.
Despite having more members, the defected lawmakers' switch to the APC is being challenged in court by civil society organizations, making their position legally uncertain. The minority faction, with just three members, including the speaker, retains legitimacy. A greater number does not equate to legality.
Last year, the minority faction passed the state’s fiscal budget, demonstrating their legal authority. Numbers don’t matter; for instance, in an assembly of 50 lawmakers, if 47 die in an accident, the remaining three would still perform legislative duties and elect a speaker until the vacancies are filled.
Until the courts resolve the issue of defection, the actions of the larger faction remain null and void, including any attempts to impeach the governor. The defected lawmakers cannot return to the PDP now, having prematurely joined the APC while their leader still claims PDP membership. Their defection was a strategic error that weakened their position.
Governor Fubara recently remarked that these lawmakers are "floating on air," indicating their uncertain status. The courts need to expedite this case, as it requires straightforward legal interpretation without extensive evidence or witness testimony. A quick resolution, even if it reaches the Supreme Court, could be achieved within a year and would help strengthen democracy in Nigeria by setting a clear precedent on the issue of defection.