A Professor of Law in Gregory University, Professor Anthony Agbazuere has alleged that with the Rivers state House of Assembly 27 lawmakers having left their original party, a new Speaker must be chosen from the remaining members according to the constitutional provision.
He cited Section 95 of the constitution, which stipulates that in the absence of the Speaker and Deputy Speaker, a presiding officer is chosen from the remaining members of the legislative assembly. He clarified that even if only two members remain, the Speaker for that day would be elected from among them.
He said in an interview with Arise TV, ”If you look at the scenario in Rivers state, it bothers some of us. 27 lawmakers left their party and the moment they have left. Under the rule of Natural justice which is also our law and the law all over the world which says you cannot be a judge in your own case. The 27 having left their party, it is from the remainder that you can pick a new speaker.
And this is based on section 95 of the constitution that says when the speaker is not present, the deputy speaker is not present. Amongst the members remaining, they choose one to preside. 27 lawmakers are out, whoever will preside that day will now be from the remainder. Even if they are two only. And then the remainder, whosoever sat that day is the speaker. Whoever is saying otherwise is either ignorant or they are running away from the truth of the law.”