Lawmakers Uncover Plot To Stop Rivers Legislative Functions Through Court
•By Admin
PORT HARCOURT – THE Rivers State House of Assembly has sounded the alarm over an alleged scheme by individuals linked to the executive arm to obtain a court order that would stop it from carrying out its constitutional duties.
In a statement signed by Dr. Enemi Alabo George, Chairman of the House Committee on Information, Petitions, and Complaints, the Assembly said those behind the plan are seeking an ex-parte order from a High Court outside Port Harcourt.
The House described the move as “dead on arrival,” warning that it would violate the 1999 Constitution of the Federal Republic of Nigeria (as amended).
The Lawmakers said the alleged action also breaches Sections 272(3) and 188(10) of the Constitution and runs contrary to Court of Appeal precedents.
Dr. George urged the state governor and deputy served with notices of alleged gross misconduct to respond to the allegations rather than seeking 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 called on those behind the alleged move to exercise restraint and uphold the Constitution. Lawmakers stressed that all actions should align with the principles of the rule of law.
They emphasized that officeholders who have already been served with the Notice of Allegations of Gross Misconduct are expected to respond to each item individually, rather than using covert measures to undermine the law or deploying proxies to malign members of the Assembly in the media.
The Assembly reaffirmed its commitment to the Constitution and the rule of law, expressing hopes for continued peace and progress in Rivers State and Nigeria.
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”.
•INDEPENDENTNG.