The African Democratic Congress (ADC) in Rivers State has demanded a public explanation from the State House of Assembly over its decision to reverse the declaration of three lawmakers’ seats as vacant after reportedly notifying the Independent National Electoral Commission (INEC) to organise by-elections.
The party questioned the constitutional validity of the legislature’s initial action and its subsequent reversal, which followed apology letters and explanations from the affected lawmakers: 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, Martin Chike Amaewhule, to clarify the circumstances behind both decisions, particularly the legal implications of the earlier communication to INEC.
The party expressed concern that the sequence of events could raise questions about the consistency of legislative decisions and whether constitutional procedures were properly followed before the seats were declared vacant and the decision later withdrawn.
“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 maintained that the Assembly must provide a legal justification for its latest action if the original declaration complied with the Constitution. Conversely, it said the legislature should explain why it initially declared the seats vacant if the decision lacked a valid legal foundation.
“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.
To support its position, the party cited Section 109(1)(f) of the 1999 Constitution, as amended, which provides for a state legislator to lose 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 establish the constitutional framework for determining vacancies and certifying justified absences.
Although the ADC acknowledged that a legislative house could reconsider earlier resolutions where legitimate grounds existed, it insisted that such decisions must remain within constitutional limits.
“A constitutionally established vacancy cannot be treated as a matter to be created or extinguished merely through political convenience,” the party said.
The opposition party further asked whether the Assembly had fulfilled all constitutional requirements for determining justified absences before declaring the seats vacant. It also sought clarification on whether fresh evidence or changed legal circumstances informed the reversal.
Another issue raised by the ADC concerns INEC’s position following the Assembly’s reported request for by-elections. The party asked whether the electoral commission had received formal notification of the reversal and what implications the development would have for any electoral arrangements initiated in response to the earlier communication.
The controversy comes amid political reconciliation efforts involving the Minister of the Federal Capital Territory, Nyesom Wike, and Rivers State Governor, Siminalayi Fubara.
While recognising that reconciliation efforts were not inherently problematic, the ADC warned that political compromises must not undermine constitutional obligations or 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 party called on the Assembly to make relevant legislative proceedings, attendance records, notices and constitutional certifications available for public scrutiny. It also urged INEC to clarify the status of the earlier notification and disclose the position of any electoral processes arising from it.
Additionally, the ADC called for unresolved constitutional questions to be referred to the appropriate judicial authorities, arguing that the dispute should be settled through established legal procedures rather than political negotiations.
Reaffirming its position, the party said decisions affecting legislative seats must be determined by constitutional provisions, due process and the public interest.
“The Constitution must remain supreme. Political reconciliation cannot take precedence over the rule of law,” the statement concluded.
