ADC faults Rivers Assembly over reversal of lawmakers’ sack

The African Democratic Congress (ADC), Rivers State Chapter, has faulted the decision of the Rivers State House of Assembly to reverse its earlier resolution declaring the seats of three lawmakers vacant, describing the development as a matter of grave constitutional importance.

The affected lawmakers are Victor Oko-Jumbo, representing Bonny State Constituency; Sokari Goodboy Sokari of Ahoada West State Constituency; and Timothy Oruibienimigha.

The Assembly had earlier declared their seats vacant and reportedly notified the Independent National Electoral Commission (INEC) to conduct by-elections before reversing its decision following a reconciliation move between the Federal Capital Territory Minister, Nyesom Wike, and Governor Siminalayi Fubara.

In a statement issued on Tuesday by the State Publicity Secretary of the ADC, Chizy Enyi, the party said the development raised fundamental questions about the consistency, independence, and integrity of the state legislature.

The party maintained that the Constitution of the Federal Republic of Nigeria remains supreme and that its provisions cannot be suspended, amended, or reversed to accommodate changing political interests or reconciliation arrangements.

Citing Section 109(1)(f) of the 1999 Constitution (as amended), the ADC noted that a member of a State House of Assembly could lose their seat if, without just cause, they were absent from sittings for more than one-third of the total number of days the House met in a year.

It added that Sections 109(2) and 109(3) provide the constitutional framework for determining such vacancies and certifying justified absences.

The ADC expressed concern that the Assembly, having previously relied on constitutional provisions to declare the seats vacant and reportedly communicated its decision to INEC, later reversed the resolution following letters of apology and explanations from the affected lawmakers.

It questioned whether the initial declaration of the vacancies was constitutionally valid or an unlawful exercise of legislative authority, insisting that the Assembly must explain the legal basis for its latest decision.

According to the party, if the initial declaration was valid, the legislature should clarify the legal authority under which it reversed the decision. However, if the declaration was defective, it said the Assembly owed the people of Rivers State an explanation for taking such a consequential decision in the first place.

While acknowledging that a legislative House could reconsider previous resolutions where legitimate grounds existed, the ADC stressed that such powers cannot override the express provisions of the Constitution.

The opposition party said political reconciliation was not inherently objectionable, but must not serve as a substitute for constitutional compliance or an instrument for subordinating independent institutions to political interests.

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It consequently called on the Speaker of the Assembly, Martin Amaewhule, to publicly explain the constitutional and legal grounds for the initial declaration of the seats as vacant and identify any new evidence or legal circumstances that informed the reversal.

The ADC also demanded clarification on whether the requirements of Section 109(3), particularly those relating to written certification of justified absence, were complied with.

It further asked whether INEC had been formally notified of the reversal, what legal implications arose from the Assembly’s earlier request for by-elections, and whether the decision was reached independently on constitutional grounds or formed part of the recent political reconciliation arrangements.

The party also urged INEC to clarify the status of the earlier notification of vacancies and any consequential electoral processes initiated in respect of the affected constituencies.

The ADC insisted that the Assembly cannot invoke the Constitution when politically convenient and disregard its requirements when political circumstances change.