Rivers State House Of Assembly Crisis: President Tinubu Might Knowingly Be Inducing Violation Of The Constitution – Achinike William-Wobodo

• Non-members of the rsha parading themselves as such may face criminal prosecution

In the wake of the Rivers State House of Assembly crisis, I resolved not to aggravate the already inflammable situation by my comments. However, it seems obvious now that some person are determined in their quest for political power to continue to violate and undermine the Constitution of the Federal Republic of Nigerian. As citizens, we have a civic duty to uphold the constitution of this country, hence this appeal to Mr. President.

Before I proceed further, let me place on record that this piece is not intended to blame those who craved for and brokered peace in Rivers State, but it is to underscore that Nigeria operates a constitutional democracy. Therefore, the peace and the processes of achieving it must be driven within the ambit of the Constitution and the Rule of Law.

It is indeed worrisome that those who are on oath of allegiance and swore to protect the constitution of Nigeria are oftentimes most culpable In breaching the constitution. It is becoming more agitating and embarrassing that the President of Nigeria is being grafted into a plot that is intended to induce the breach of the Constitution of Nigeria.

This is not a legal article, and so I will not indulge in much citation of judicial authorities. However, let me provide some teasers.

The provisions of section 109(1) of the CFRN are mandatory constitutional and self-executory directives, to the effect that a member of the House of Assembly who ceases or resigns his membership of the political party that sponsored him and takes up membership of another political party SHALL VACATE HIS SEAT. This provision does not give room for the President’s discretion or waiver. Such a defaulting member must vacate the seat (“obey before complaint”), especially where the Speaker of the House has given effect to same in line with S.109(2) of the CFRN.

The law is settled that mandatory constitutional provisions and directives cannot be waived. It’s enforcement takes immediate effect, upon the cessation of the person’s membership of the political party that sponsored him into the Assembly. Unfortunately, the President’s only consideration for inducing the violation of the Constitution is because the 27 persons defected to his political party, the APC. With due respect, the actions of Mr. President emit and have all the characteristics of ABUSE OF OFFICE. It ought not to be so.

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The fact that 27 members of the RSHA resigned their membership of the PDP and took up the membership of APC is not in doubt neither is it unknown to Mr. President. In fact, Mr. President himself acknowledged and confirmed this fact in the purported “Directives/ Resolution” Peace Pack signed on the 18th of December 2023.

By the said Peace Pack, Mr. President usurped the constitutional functions of the RSHA and Rivers State High Court. He assumed the place of the RSHA and purported to repeal the RS 2024 Appropriation Law, took the place of the Court to strike down an Appropriation Law duly assented to by the Governor in accordance with the CFRN. He then directed the Governor to re-present the law to a “supposedly” proper Assembly, having (as a court of law) declared the House “improperly constituted” at the time of making the law.

To make worse the matter, Mr. President also directed that the 27 persons who had vacated their membership of the RSHA in accordance with the Section 109(1)(g) & (2) of the CFRN should be recognized, contrary to the express and mandatory directive of the Constitution. He directed that non-members of RSHA should be paid taxpayers money as allowances and salaries. This is an aberration in a constitutional democracy.

Once the 27 persons ceased to be members of the PDP, the political party that sponsored them to the House, they automatically became NON-MEMBERS of RSHA. To compound their dilemma is the fact that the subsisting Speaker at the time, gave effect to their vacation in consonance with S.109(2) of the CFRN 1999. With due respect, it does not lie in the mouth of Mr. President to evaluate or determine the propriety or otherwise of the declaration made by the Speaker of the House at the time.

Need I emphasize that the remaining members of the House had the authority and enablement of the CFRN (section 102) to make valid laws and resolutions, including declaring the seat of the 27 persons vacant.

Those 27 persons remain non-members of the RSHA, until they are able to satisfy the RIVERS STATE HIGH COURT, not a FORUM SHOPPED COURT in Abuja or elsewhere, that the cessation of their membership of the PDP, was either because of division in the party or merger or that a faction of the party they belonged to had merged with another political party.

Perhaps Mr. President is not being properly advised. Neither Mr. President, Mr. Governor nor a court of law has the vires to or can stay or be heard to have stayed or suspended the implementation of any provision of the CFRN, talk less of a mandatory and self-executory directive of the Constitution. To do so amounts to pulling down the structure upon which they stand themselves, and everyone will be doomed for a GREAT and FATAL FALL.

The actions of the 27 former House of Assembly members, continually parading themselves as members of RSHA and purporting to carry out oversight functions, screening of officials of Rivers State Government, is not just tantamount to SELF HELP and AFFRONT ON the CFRN 1999, but it is also a CRIMINAL OFFENSE created by the CFRN itself: Section 99. They stand a risk of Writ of Mandamus for their prosecution.

We appeal to Mr. Governor not to yield himself to the plot to violate the CFRN by re-presenting the Appropriation law to non-members of the RSHA or to the Assembly sitting with those 27 non-members.

We appeal to Mr. President not to yield to political pressure that would put him on collision course with Rivers People, and most importantly with the Constitution of Nigeria.

May it not be said that President Tinubu was the President with the most law suits brought against him for violation and breach of the Constitution of the Federal Republic of Nigeria.

I need not remind Mr. President that he swore to protect and uphold the CFRN.

Mr. President, ensure PEACE, enforce PEACE, but within the ambit of THE RULE OF LAW.

Long Live Nigeria.

Achinike William-Wobodo
Wrote from Abuja.