Members of the Rivers State House of Assembly have raised the alarm over what they described as an alleged plot by certain individuals to procure a court order stopping the Assembly from carrying out its legislative functions.
In a statement signed by the Chairman of the House Committee on Information, Petitions and Complaints, Dr. Enemi Alabo George, the lawmakers said the alleged plan involves securing an ex parte order from a Rivers State High Court sitting outside Port Harcourt, the state capital.
The Assembly described the move as “dead on arrival,” warning that it would amount to an attempt to subvert the 1999 Constitution of the Federal Republic of Nigeria (as amended).
According to the lawmakers, any such order would violate constitutional provisions, including Section 272(3) and Section 188(10), as well as established judicial precedents from the Court of Appeal.
George insisted that instead of seeking what he called “subterranean moves,” office holders who had already been served with notices of allegations of gross misconduct should respond formally to the allegations.
“The Rivers State House of Assembly has received information of plots by certain persons to utilise some Rivers State High Courts, especially outside the Port Harcourt Judicial Division, to issue ex parte orders to illegally stop the Assembly from performing her constitutional duties,” he said.
He explained that Section 272(3) of the Constitution clearly vests jurisdiction in matters relating to the tenure of members of a state House of Assembly, governor or deputy governor, while Section 188(10) expressly bars courts from entertaining or questioning proceedings of the Assembly or panels set up in relation to impeachment processes.
“These persons are also fully aware of recent judicial pronouncements of the Court of Appeal on similar ex parte orders issued contrary to Section 272(3) of the Constitution. A word is enough for the wise,” George added.
The Assembly called on those allegedly behind the move to exercise restraint and desist from actions inimical to the Constitution and the rule of law.
“All that is required is for the office holders who have been duly served with notices of allegations of gross misconduct to respond to them item by item, rather than deploy proxies or legal manoeuvres to subvert the law or malign the Rivers State House of Assembly in the media,” the statement said.
The lawmakers reaffirmed their commitment to constitutionalism and the rule of law, stressing that the Assembly would continue to discharge its duties in the interest of Rivers State and Nigeria.
By Blessing Ibunge
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