The Rivers State House of Assembly has raised concerns over what it described as an alleged plan by persons connected to the executive arm of government to obtain a court order aimed at stopping the legislature from performing its constitutional responsibilities.
In a statement issued by the Chairman of the House Committee on Information, Petitions, and Complaints, Dr. Enemi Alabo George, the Assembly alleged that those behind the move are attempting to secure an ex-parte order from a High Court located outside Port Harcourt.
The lawmakers dismissed the alleged move as “dead on arrival,” warning that such an action would amount to a violation of the 1999 Constitution of the Federal Republic of Nigeria, as amended.
According to the Assembly, the purported plan also contravenes Sections 272(3) and 188(10) of the Constitution, in addition to conflicting with established precedents of the Court of Appeal.
Dr. George called on the state governor and deputy governor, who have been served with notices of alleged gross misconduct, to address the allegations directly instead of seeking what he described as legal shortcuts.
George said: “The Rivers State House of Assembly has received information of plots by certain persons to utilize some Rivers State High Courts especially outside the
Port Harcourt Judicial division to issue ex parte orders to illegally stop the Rivers State House of Assembly from performing her constitutional duties.
“These persons are fully aware of the provisions of section 272(3) of the Constitution which states that ‘subject to the provisions of section 251 and other provisions of the constitution, the Federal High Court shall have jurisdiction to hear and determine the question as to whether the term of office of a member of the House of Assembly of a state, Governor or Deputy Governor has ceased or become vacant’.
“Also, section 188(10) states that ‘no proceedings or determination of the panel or of the House of Assembly or any matter relating to such proceedings or determination shall be entertained or questioned in any court’.
“These persons are also fully aware of judicial pronouncements on this matter, especially recently at the Court of Appeal on a matter involving similar ex parte order by a Rivers State High Court contrary to section 272(3) of the constitution.
A word is enough for the wise”.
The lawmakers urged those allegedly involved in the move to exercise restraint and respect constitutional provisions, stressing that all actions must be guided by the rule of law.
They further emphasized that public office holders who have already been served with notices of alleged gross misconduct are expected to respond to each allegation individually, rather than resorting to clandestine actions or deploying proxies to attack members of the Assembly through the media.
The Assembly reaffirmed its loyalty to constitutional principles and the rule of law, while expressing optimism for sustained peace and development in Rivers State and the country at large.
They said, “Therefore, with the leave of the Speaker of the Rivers State House of Assembly, I call on those concerned to exercise restraint and refrain from acts inimical to the Constitution and the rule of law.
“All that is required is for the office holders who have already been duly served with the Notice of Allegations of Gross Misconduct to respond to them item by item rather than deploy subterranean moves to subvert the law or use proxies to malign members and the Rivers State House of Assembly in the media.
“We remain committed to the Constitution and the rule of law and may God bless our dear Rivers State and Nigeria”.
