Impeachment: Rivers Assembly raises alarm over alleged plot to halt legislative duties through court order

The Rivers State House of Assembly has raised the alarm over an alleged plot by some persons linked to the state government to obtain a court order aimed at stopping the legislature from carrying out its constitutional functions.

The allegation was contained in a statement issued on Sunday and signed by the Chairman, House Committee on Information, Petitions and Complaints, Dr. Enemi Alabo George. He claimed that the move involved plans to secure an ex parte order from a Rivers State High Court sitting outside Port Harcourt, the state capital.

Dr. George described the alleged move as illegal and unconstitutional, insisting that it was dead on arrival as it amounted to an attempt to subvert the 1999 Constitution of the Federal Republic of Nigeria (as amended).

According to him, such action would violate the provisions of Sections 272(3) and 188(10) of the Constitution, as well as established judicial pronouncements of the Court of Appeal.

He said those allegedly behind the plot were fully aware that Section 272(3) of the Constitution vests jurisdiction on the Federal High Court to determine whether the tenure of a member of a State House of Assembly, Governor or Deputy Governor has ceased or become vacant.

He further noted that Section 188(10) of the Constitution expressly provides that no proceedings or determinations of an impeachment panel or the House of Assembly shall be entertained or questioned by any court.

“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 House from performing its constitutional duties,” the statement read.

“These persons are fully aware of judicial pronouncements on this matter, including recent decisions 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.”

The Assembly urged those behind the alleged move to exercise restraint and desist from actions inimical to the Constitution and the rule of law.

Dr. George advised office holders who have been served with notices of allegations of gross misconduct to respond appropriately, rather than resorting to what he described as “subterranean moves” to undermine the legislature.

“All that is required is for the office holders who have been duly served with the Notice of Allegations of Gross Misconduct to respond to them item by item, instead of deploying proxies to malign members of the Rivers State House of Assembly in the media,” he said.

He reaffirmed the Assembly’s commitment to constitutionalism and the rule of law, adding that the lawmakers remain resolute in carrying out their duties in the interest of Rivers State and Nigeria.