FEMI Falana, Human Rights Activist, has stated why the mass defection of lawmakers at the National Assembly is illegal.

Majority of lawmakers who recently dumped the All Progressive Congress (APC) for opposition parties cited division in the ruling party. Most of them switched over to the opposition Peoples Democratic Party, (PDP).

The ruling party is currently engulfed in crisis presently in 24 states of the federation. The APC is also factionalised with the emergence of ‘Reformed APC’ from its fold.

Mr Falana, a Senior Advocate of Nigeria (SAN) said the crisis bedeviling the ruling APC was not legally enough for the defectors to have left the party.

While the constitution enables one to freely associate where their interest is being protected, the activist says this must not be so after one is being sponsored to attain whatever position the person is currently occupying.



He said anyone willing to decamp must first resign then start afresh on the mantle of the new platform and since this has not occurred the mass defection is illegal.

The senior advocate noted that defectors were supposed to lose their seats once they dump the party on which platform they were elected in the first place.

“You cannot leave the party that sponsored your election for another party without resigning so that you can ask for a fresh mandate from the electorate,” Falana said on Thursday while analysing the matter from a legal angle during an exclusive interview with Channels Television on the sidelines of an event in Lagos.



“That has not happened in this case. What the law is saying is that before you can have a division that will necessitate or legalise your defection, the division in your party must be total.”

The lawyer insisted that a defection cannot be based on a division announcing a press conference, saying the process of leaving a party for another was more than that.

“It cannot be a figment of imagination; it cannot be an artificial fictionalisation. In this instance, I have not recognised a division envisaged by the constitution,” he said.

Falana, however, said if the crisis in the party was similar to the one witnessed by the Peoples Democratic Party (PDP) after the 2015 general elections, such defection would have been justified by the law.

He recalled that Senators Ali Modu Sheriff and Ahmed Makarfi had led factions of the opposition party which produced two sets of national officers of the PDP.

Source: https://www.headlineng.com/defection-lawmakers-nass-illegal-falana/

We knw it is wrong bt u knw in 9ja anything is possible even 2 d extent of vote buying

When I was in Sec. school, whenever I fail to be among the first 10 in position, I will always give an excuse to encourage myself. sometimes I say that teacher was partial or that I was robbed or female students romanced our teacher e.t.c.

All these backyard SANs that can't speak against injustice in APC led government but will start talking nonsense just because they sensed salvation is coming in 2019.If you like, give whatever ever reason you want just to kill our spirit towards fighting for freedom against these devilish APC, it won't stop Buhari flight to Daura on may29. evil demonic wasterners

Afonja ndị Afọ ọjọ

Quite alright, their defection can't hold water in the court of law, but the problem is that there is no time to prosecute the cases in court again. If court sacks them, they will appeal until the case gets to the highest court.

Stupid man, God have exposed you as an apc spokesman. We didn't know you've been working for Buhari all along. Herdsmen fall on you soon.

Stop parading yourself as human right lawyer.

Good morning baba Falz

This APC lawyer no dey tire

One rule for everyone or shut the hell up...

[img]https://media./images/16b7245d1fa155fb3c20bcaaf022213c/tenor.gif[/img]

Falana should go and suck Tinubu balls for all I care

Hello sir, yes sir you are not okay sir


Is like you have manamana sir

What has this man said about the police backed impunity that happened in Benue?
Pocket Right Activist.

Okayyyyyy, it's not illegal in 2014 abi ?? , when Political parties in Nigeria lack clear n defined political ideology nkor , dey don't know wat dey stand for ... no culture...
all dey know is vote buying
back to baba falana ,where was he all these years ??
someone that cannot win his ward in a governorship election in 2007 now saying rubbish wey the ref no favour dem....
anyway wat do I know
,am just an average nigerian

Wow falana's hypocrisy stinks, no wonder people say south westerners never stand by their words, always changing their minds

This falana guy is the one spoiling nigeria politics

Is there any proof of sponsorship. Falana is entitled to his opinion. Did Falana merit to be a SAN is a subject of debate. Is he biased?

Na who know way know book

He is yet to quote the particular section of the Nigerian law that was broken.

Says APC lawyer. .

This same man said it was legally ok when the nPDP group left PDP for APC ahead of the 2015 elections

Why are some people like this?

But your son using Hijab in his music is legal abi? Charge and bail SAN

Balet:
Quite alright, their defection can't hold water in the court of law, but the problem is that there is no time to prosecute the cases in court again. If court sacks them, they will appeal until the case gets to the highest court.

Quote the section of the law that was broken.

Charge and bail Nairaland lawyer.

Can't his son call him to order? When it was from PDP to APC, where was Falana?

When it started under last regime it was OK for APC. Now the trend has changed ,APC should just keep quiet and swallow the bitter pill

Politician not loyal
only loyal to their pockets and interest


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Nigeria can never be good . Elders not tell lies like rat . Bunch of idiots

Limitednow:


Source: https://www.headlineng.com/defection-lawmakers-nass-illegal-falana/

WHY DID YOU NOT SAY THIS WHEN THEY DEFECTED TO THE APC 4 YRS AGO, I HAVE LOT RESPECT FOR AND YOUR LIKES THE WAY YOU RUN YOUR MOUTH TO SAY RUBBISH IN TRYING TO STAY RELEVANT.

massinola:
But your son using Hijab in his music is legal abi? Charge and bail SAN

What has what he is saying has to do with Hijab in a Song?Hunnn?We don see una ndi terrorists...

I hope he said the same thing when PDP members defected en masse under Jonathan.

when I read what Soyinka and falana said about obasanjo, I knew APC was working overtime, coupled with that kenet actor and senator shehu, and apkabio's body language. A new sambo dasuki is in APC and he is scared of losing 2019 election, and cash is now smoothly flowing same way dasuki used abacha loot, the new guy would do that, as a non partisan barrister and an officer of the law how is he the internal crisis doesn't warrant defection