The Rivers State House of Assembly has raised the alarm over what it described as a plot by some persons linked to the executive arm to procure a court order stopping it from performing its functions.
The Chairman, House Committee on Information, Petitions and Complaints, Dr Enemi Alabo George, in a statement on Sunday, said the plot was to get the exparte order from the state High Court operating outside Port Harcourt, the state capital.
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But the House said such move was dead on arrival because it would amount to an attempt to subvert the 1999 Constitution of the Federal Republic of Nigeria as amended.
He also stated that all that is required is for the office holders who have already been duly served with the Notice of Allegations of Gross Misconduct is 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.
The lawmakers described the move as illegal, saying it ran foul of Section 272 (3) and 188 (10) of the constitution as well as some judicial decisions of the Court of Appeal.
He said instead of running from pillar to post, the office holders that had been served notice of allegations of gross misconduct by the House of Assembly should do the needful by responding to them.
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 exparte 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 exparte order by a Rivers State High Court contrary to section 272(3) of the constitution.
A word is enough for the wise”.
The Assembly called on persons behind the move to exercise restraint and refrain from actions inimical to the constitution.
The lawmakers 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.” he said.
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