Court stops NASS from performing Rivers Assembly’s functions

Posted by admin Headlines, House, Legislature, Rivers, Senate, State News Wednesday, December 11th, 2013

THE Federal High Court sitting in Abuja, on Wednesday, stopped the National Assembly from performing the legislative functions of the Rivers State House of Assembly.
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Ruling on a suit filed by two lawyers, Messrs Tamunotemi Asobari and John Kpakol, against the National Assembly, represented by its counsel, Ade Okeaya-Inneh, Justice A. R. Muhammed held that as of the time the National Assembly took over the affairs of the state House of Assembly, there were no fact that the assembly was unable to carry out its functions, as provided under the constitution.

He also held that by provisions of Section 11(4 & 5) of the constitution, the National Assembly could not assume the lawmaking functions of the Rivers State House of Assembly, when there were no facts that the said House of Assembly was unable to carry out its functions.

The court, however, declared the step taken by the National Assembly as unconstitutional and consequently nullified the resolution passed by the Senate, mandating the Senate Committee on States and Local Government Areas to investigate the sticky situation between the Rivers State governor and the state Commissioner of Police, including the crisis rocking the state assembly.

Justice Muhammed also upheld the argument by the plaintiffs that after the July 9 fracas in the assembly, the members reconvened under the former speaker and passed the 2013 budget of the state.

The court also held that the decision to believe the claim that the assembly still conducted some businesses after the purported impeachment of the speaker was based on the fact that the defendants failed to specifically denied the claim.

After dismissing the objection, the judge then went on to consider the substantive suit.

He conceded the fact that the National Assembly had the power to assume lawmaking for state houses of assembly, but added that the power to do so had caveat.

“If members of the state house of assembly meets and were able to transact business of lawmaking, the assembly will not be deemed to be unable to perform its functions,” he said.

-Guardianwp_posts