National Assembly takes over Rivers legislature … demands redeployment of state CP, Mbu
The Senate passed a resolution on Thursday empowering it and the House of Representatives to take over the legislative functions of the Rivers State House of Assembly.
In the resolution which concurs with
that of the House on July 10, the Senate also flayed the attempt by
five anti-Rotimi Amaechi lawmakers to impeach the state Assembly
Speaker, Otelemaba Amachree.
Chairman of the Senate Committee on
Information and Media, Senator Enyinnaya Abaribe, said after the
decision that a meeting between the President of the Senate, David
Mark, and the Speaker of the House, Aminu Tambuwal, would be held
to draw up modalities for the running of the assembly.
Abaribe, in a telephone interview with
one of our correspondents in Abuja, explained that with the
concurrence which is in line with Section 11(4) of the 1999
Constitution, the activities of the state
legislature stood suspended.
He said, “As it stands now, the Rivers
State House of Assembly has been suspended by virtue of the fact that it
can no longer carry out its legislative functions.
“The principal officers of both chambers
of the National Assembly will meet to discuss and agree on the
procedures for running the assembly.
“From there, we will await subsequent instructions from the Chairman of the National Assembly.”
Section 11(4) of the 1999 Constitution
states, “At any time when any House of Assembly of a state is unable to
perform its functions by reason of the situation prevailing in that
state, the National Assembly may make such laws for the peace, order and
good government of that state with respect to matters on which a House
of Assembly may make laws as may appear to the National Assembly to be
necessary or expedient until such time as the House of Assembly is able
to resume its functions; and any such laws enacted by the National
Assembly pursuant to this section shall have effect as if they were laws
enacted by the House of Assembly of the state: Provided that nothing in
this section shall be construed as conferring on the National Assembly
power to remove the governor or the deputy governor of the state from
office.”
The Senate Committee on State and Local
Governments which investigated the crisis in the assembly had presented
its report during plenary in Abuja. It recommended that the assembly
be taken over and fingered President Goodluck Jonathan, his wife,
Patience, and the national leadership of the Peoples Democratic Party
for being behind it.
The committee recommended, “That the
National Assembly should, as a matter of urgency, take over the
functions and duties of the Rivers State House of Assembly, pursuant to
Section 11(4) of the 1999 Constitution(as amended) pending the
resolution of the crisis and restoration of peace in Rivers State.”
Senators, in a voice vote, passed the resolution without any dissenting voice.
The same was the case for the two other prayers which are:
* “That the Inspector-General of Police
should as a matter of urgency, redeploy the state’s Commissioner of
Police, Mr. Joseph Mbu, since his relationship with Governor
Amaechi had broken down irretrievably and;
*“That the Senate President should
intervene and mediate in the Rivers State political crisis and see to
its amicable resolution.”
Although the recommendations were 17,
the committee had to reduce them to three after meeting behind closed
doors for about five hours.
The recommendation not taken was the
prayer that the Director-General of the Department of Security
Service should “investigate and cause the prosecution of Chidi Lloyd
(Majority Leader of the state assembly) and all those found to be
actively involved in attacking Michael Chinda and other members of the
assembly.”
The panel also urged the DSS to
investigate and recommend for necessary disciplinary action, the
officers and men of the police and other security personnel that invaded
the assembly’s chambers. Besides, it recommended that Evans Bipi,
who led the anti-Amaechi legislators “ be investigated and if found
culpable, prosecuted for bringing armed thugs into the chambers and for
the assault on the Speaker and other members of the assembly which
precipitated the crisis.”
The committee also called on the
different stakeholders to take steps to restore peace to the state,
especially as it affects the relationship between the Governor and the
Police as well as between him (Amaechi) and other political stakeholders
in the state.
In its findings, the committee observed
that “The crisis in the assembly on July 9, 2013 was the expression
of deep-rooted political crisis occasioned by the alleged highhandedness
of Governor Amaechi and the perceived undue interference with the
political and security structure of the state by the President, his wife
and the national leadership of the PDP.”
The panel reported, “The purported
impeachment of the Speaker by the five members led by Bipi was not in
compliance with the provisions of Section 92(2)(c) of the 1999
Constitution (as amended) and also not in compliance with Orders 12
and 28 of the state assembly Standing Orders 1999.”
While presenting the report, Chairman of
the Senate Committee, Senator Kabiru Gaya, said he was summarising the
prayers to three as advised.
After concluding his presentation,
he advised that the security operatives withdrawn from Amaechi be
restored but senators did not make comments after the presentation.
President of the Senate, David Mark, in his remark, said the Senate was only committed to restoring peace to the state.
He said, “As our desire to ensure peace
returns to Rivers State, let me add that the National Assembly will
uphold, defend and protect the Constitution of the Federal Republic of
Nigeria as we have all individually sworn to do. And this we will do at
all times and at all costs.
“Minority members of the Rivers State
House of Assembly cannot remove and should not contemplate the removal
of the Speaker or anyone else for that matter and should perish the
thought if they ever haboured it.
“Our institutions of state should also
uphold the constitution at all times and should not in any way encourage
the impression that the impunities of the past are possible today. This
National Assembly, for the avoidance of doubt, will resist impunity and
unconstitutionality. This is the stand of the Senate.”
He said the committee had not indicted
anyone and that the Senate remained neutral in its effort to find a
lasting solution to the problem.
In Port Harcourt, the state assembly condemned the continued detention of Lloyd by the Force Headquarters in Abuja.
Source: The Punch
