By Obioma Ezenwobodo
The action of the House of Representatives creating a committee to oversee the Rivers State Assembly is an extension of the prevailing and manifest illegality unraveling in that State. The essence of section 11 (4) of the Constitution of the Federal Republic of Nigeria, 1999 (as altered) on which it is basing its powers to create such a committee or make legislative interventions is unfounded and misapplied.
A careful reading of the said section reveals that it is meant to be applicable in a democratic setting with the complement of a democratically elected Governor and not otherwise. The section envisages a legislative life-support provided by the National Assembly where a State House of Assembly is unable to perform its functions of making laws for a State in a democratic dispensation.
Most importantly, the proviso to section 11 (4) is an injunctive provision that explicitly restrains the National Assembly, while providing legislative intervention, from removing either the Governor or the Deputy Governor. Thus, the National Assembly is precluded by section 11(4) from exercising the powers to make laws for a State during a period of emergency as the Constitution in section 1(2) expressly forbid any person or group of persons from taking control of the Government of Nigeria or any part thereof except in accordance with the provisions of the Constitution.
It is about a month ago that both the House of Representative and the Senate partnered in truncating constitutional democracy in Rivers State via a presidential fiat that foisted an illegal and unconstitutional Sole Administration on the State in a brazen disregard and clear violation of the clear and express provisions of the provisions of section 305 of the CFRN 1999 (as altered). No orderliness, legality, or constitutionality can be conferred on the manifestly illegal administration in Rivers State.
The act of the House of Representatives in overseeing the actions and activities of the illegal Sole Administrator in Rivers State is tantamount to aiding and abetting the continued rape of democracy in Rivers State.
The whole situation is riddled with absurdities as it is otiose and inconceivable for the National Assembly, which the House of Representatives belongs to, to make laws or pass a resolution to be assented to or implemented by the Sole Administrator.
Ezenwobodo, LL.M, is Managing Partner, *Resolution Attorneys
Executive Director, Policy & Legislative Advocacy Network (PLAN)
Pioneer Chairman, Nigerian Bar Association, Garki Branch, Abuja (2022/24)
[email protected]
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