The Rivers State Chapter of the African Democratic Congress (ADC) has asked the Rivers State House of Assembly to explain the legal and constitutional basis for reversing its earlier decision declaring the seats of three lawmakers vacant after reportedly notifying the Independent National Electoral Commission (INEC) to conduct by-elections.
The affected lawmakers are Hon. Victor Oko-Jumbo, Bonny State Constituency, Hon. Sokari Goodboy Sokari, Ahoada West and Hon. Timothy Oruibienimigha, Opobo/Nkoro, who were strong allies of Governor Siminalayi Fubara.
It would be recalled that the state assembly led by Hon. Martin Amaewhule, on Monday, resolved to rescind its declaration of the seats of the trio vacant following the political crisis that rocked the state.
However, in a statement in Port Harcourt on Tuesday, signed by the State Publicity Secretary of ADC, Chizy Enyi Esq., the party bemoaned the assembly’s decision, stating that it raises questions about the consistency of the house in decision-making and adherence to constitutional provisions.
Enyi said the Assembly had initially relied on constitutional provisions to declare the seats vacant but subsequently reversed the decision following letters of apology and explanations from the affected lawmakers.
He questioned whether the initial declaration was constitutionally valid and, if so, what legal authority empowered the Assembly to reverse it, urging the lawmakers to explain why the seats were declared vacant if the initial action was defective.
Citing Section 109 of the 1999 Constitution, as amended, Enyi enjoined the Speaker, Rt. Hon. Martin Chike Amaewhule, to clarify the legal grounds for both decisions and state whether the requirements governing justified absence from legislative sittings were duly observed.
The spokesman further called for clarification on whether INEC had been formally notified of the reversal and what implications it had for any electoral processes initiated following the earlier declaration.
He questioned whether the decision was reached independently or influenced by recent political reconciliation efforts involving the Minister of Federal Capital Territory, Chief Nyesom Wike, and Governor Fubara.
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Enyi, while acknowledging that a legislative house could reconsider previous resolutions on legitimate grounds, maintained that such powers must be exercised within the confines of the Constitution.
He, however, advised the Assembly to make relevant proceedings, attendance records and other supporting documents available for public scrutiny, adding that unresolved constitutional issues should be referred to the appropriate judicial authorities.
Enyi added that political reconciliation should not override constitutional compliance, stressing that Rivers people deserved a legislature guided by due process and public interest.
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