The African Democratic Congress, ADC, in Rivers State has asked the State House of Assembly to explain the legal grounds for reversing its earlier declaration of three lawmakers’ seats as vacant, particularly after notifying the Independent National Electoral Commission, INEC, to conduct by-elections.
The party said the reversal, which followed apology letters and explanations from the affected lawmakers, raised questions about the legislature’s adherence to constitutional provisions and the legal basis for changing its earlier decision.
The lawmakers are Hon. Victor Oko-Jumbo, Hon. Sokari Goodboy Sokari and Hon. Timothy Oruibienimigha.
In a statement dated October 20 and signed by its Rivers State Publicity Secretary, Chizy Enyi, the ADC called on the Speaker of the House, Martin Chike Amaewhule, to publicly explain the circumstances surrounding both the initial declaration and its subsequent reversal.
The party said the development raised fundamental questions about the consistency and independence of the legislature, particularly because the Assembly had reportedly communicated its initial decision to INEC for the conduct of by-elections.
“The fundamental question is simple: Was the original declaration of vacancy constitutionally valid, or was it an unlawful exercise of legislative authority?” the party asked.
The ADC argued that the Assembly must establish the legal basis for reversing its earlier resolution if the initial declaration was constitutionally valid.
It also said the legislature should explain why it made the original declaration if that decision was legally defective.
“If the original declaration was constitutionally valid, the Assembly must explain the legal authority under which it now seeks to reverse its consequences,” the statement added.
The party cited Section 109(1)(f) of the 1999 Constitution, as amended, which provides for a member of a State House of Assembly to vacate their seat if, without just cause, they are absent from sittings for more than one-third of the total number of days the House meets in a year.
It also referenced Sections 109(2) and 109(3), which it said provide the constitutional framework for determining vacancies and certifying justified absences.
The ADC, however, acknowledged that a legislative house could reconsider previous resolutions where legitimate grounds existed, insisting that such powers must be exercised within the limits of the Constitution.
“A constitutionally established vacancy cannot be treated as a matter to be created or extinguished merely through political convenience,” the party said.
It further questioned whether the Assembly had complied with the constitutional requirements governing justified absence before declaring the seats vacant and whether any new evidence or legal circumstances informed the subsequent reversal.
The party also demanded clarification on whether INEC had been formally notified of the reversal and what implications it had for the electoral processes that might have been initiated following the earlier notification.
The ADC’s concerns come amid recent political reconciliation efforts involving the Minister of the Federal Capital Territory, Nyesom Wike, and Rivers State Governor, Siminalayi Fubara.
While acknowledging that reconciliation was not inherently objectionable, the party cautioned against allowing political arrangements to override constitutional obligations or compromise the independence of public institutions.
“While political reconciliation is not inherently objectionable, it must never become a substitute for constitutional compliance or an instrument for subordinating independent institutions to political interests,” the statement said.
The ADC urged the Assembly to make relevant legislative proceedings, attendance records, notices and constitutional certifications available for public scrutiny.
It also called on INEC to clarify the status of the earlier notification and any electoral processes arising from it, adding that unresolved constitutional questions should be referred to the appropriate judicial authorities.
The party maintained that the legislature’s decisions must be guided by the law, due process and the public interest, rather than the changing interests of political actors.
“The Constitution must remain supreme. Political reconciliation cannot take precedence over the rule of law,” the statement concluded.