ADC demands legal explanation for Rivers Assembly’s reversal of lawmakers’ vacant seats
The African Democratic Congress (ADC) has raised concerns regarding the constitutional validity of a recent action taken by the State Assembly. The party challenged the Assembly to clarify the legal authority under which it seeks to reverse a prior declaration.
In a statement, the ADC referred to Section 109(1)(f) of the 1999 Constitution, which stipulates that a member of a State House of Assembly vacates their seat after being absent without just cause for more than one-third of the assembly’s total meeting days in a year. The party also highlighted Sections 109(2) and 109(3), which it claims outline the constitutional framework for identifying vacancies and certifying justified absences.
While acknowledging that a legislative house holds the power to reconsider previous resolutions when legitimate grounds exist, the ADC asserted that such powers must adhere to constitutional limits. “A constitutionally established vacancy cannot be treated as a matter to be created or extinguished merely through political convenience,” the statement read.
The party further questioned whether the Assembly had met the constitutional requirements related to justified absences before declaring the seats vacant, and whether any new evidence or legal circumstances informed the reversal decision. Additionally, the ADC sought clarification on whether the Independent National Electoral Commission (INEC) had been officially informed about the reversal and its potential implications for ongoing electoral processes.
These concerns arise amid political reconciliation discussions involving Nyesom Wike, the Minister of the Federal Capital Territory, and Rivers State Governor Siminalayi Fubara. While the ADC does not oppose reconciliation, it cautioned against allowing political deals to undermine constitutional obligations or the independence of public institutions.
“Political reconciliation must never become a substitute for constitutional compliance or an instrument for subordinating independent institutions to political interests,” the ADC stated.
The party called for the Assembly to make its 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 any electoral processes resulting from it, stressing that unresolved constitutional questions should be addressed by judicial authorities.
The ADC emphasized that the legislature’s decisions should be driven by law, due process, and public interest, rather than fluctuating political motivations. “The Constitution must remain supreme. Political reconciliation cannot take precedence over the rule of law,” the statement concluded.
