The 27- members of the House of Assembly, led by factional Speaker, Martin Amaewhule, have commenced the repeal of the 1999 Commission of Inquiry Law Cap 30 of the Old Rivers State......READ THE FULL STORY>>.....READ THE FULL STORY>>
The legislative process was initiated by the lawmakers, following the decision of the state government to set up a Judicial Commission of Inquiry to probe the arson and destruction of the local government secretariats during the post-election violence.
The commission had invited the Minister of the Federal Capital Territory (FCT),Chief Nyesom Wike, and the All Progressives Congress (APC) Caretaker Chairman, Chief Tony Okocha.
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*Both the minister and party chairman have shunned the panel.*
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However, Ijaw leader Chief Edwin Clark, a lawyer, said the 27 lawmakers lacked the locus to also institute a legal action against the commission.
The lawmakers introduced the Commission of Inquiry Bill 2024 on November 22. It has also passed the First Reading.
The bill was sponsored by the trio of the Deputy Speaker, Dumle Maol; member representing Akuku Toru Constituency II; Lolo Opuende and the member representing Omuma Constituency, Sylvanus Nwankwo.
Maol traced the origin of the Commissions of Inquiry Law, saying that it was a legislation of the old Eastern Nigeria.
He said: “The essence of the bill is to repeal the Commissions of Inquiry Law, CAP 30, Laws of Rivers State, 1999, and to re-enact the Rivers State Commissions of Inquiry Law for the holding of Commissions of Inquiry, and for other matters connected there.”
*On Monday, the bill passed its Second Reading.*
Leading the debate on the bill, Nwankwo, said the obsolete laws were repealed and re-enacted to reflect current democratic realities.
Other lawmakers, who contributed to the bill, said it would strengthen the principle of separation of powers and democratic ethos in the state.
Amaewhule said the bill will make provisions for a tripartite engagement between the Governor, the Assembly and the Commissions to be set up, so that powers donated by the Assembly were not abused by any individual.
Amaewhule said in a statement by his Media Special Assistant, Media Martins Wachukwu, that by virtue of the provisions of Sections 128 and 129 of the I999 Constitution, as amended, the Assembly was invested with the power of investigation on any matter within the legislative competence of the House.
He said such powers were donated to the governor or commissions through the legislations, adding they must be strictly followed.
The bill was subsequently committed to the House Committee on Judiciary for further legislative scrutiny.
The Chairman of the Committee, Enemi George, said the committee was almost done with its assignment.
He appealed to the House to give the Committee more time to conclude the assignment, which the House granted accordingly.
*27 lawmakers lack power to institute legal action, says Clark*
Clark, who reflected on the protracted Rivers crisis, said the 27 lawmakers lacked the locus to institute any legal action against the state government.
He insisted that the 27 lawmakers had defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
He urged President Bola Tinubu to call he FCT minister to order, alleging that Wike and Amaewhule were creating problems in the state.
Clark said:: “Today, the situation in Rivers State is becoming devastating due to Nyesom Wike and the former Speaker, Martins Amaewhule, and their followers, and he has done everything possible to bring down the government of Governor Siminalayi Fubara.
“We have respectfully appealed to Mr. President Bola Ahmed Tinubu, on several occasions to call Nyesom Wike to order or prevent him from breaching the Constitution of Nigeria but unfortunately, Mr. President has failed to carry out his duty as the number one citizen of this country.
“Nyesom Wike, who is a serving Minister in President Bola Tinubu’s government, has no regards or respect for the Constitution of Nigeria, and Mr. President may one day be asked by patriotic Nigerians why he allowed Nyesom Wike to breach the Constitution on several occasions.
“Till today, Nyesom Wike believes that the defection of his boys did not affect their membership of the PDP. “
Clark added: Now that the former Speaker of the Rivers State House of assembly, Martins Amaewhule, and his 27 other colleagues have confirmed in a court of law that they defected from PDP to APC, they have automatically lost their seats on the 11th December, 2023 and therefore, disqualified from bringing any court action on behalf of the Rivers State House of Assembly and its members.
“So, for not disclosing their defection to Justice James Omotosho’s court shows clearly that the case in Justice James Omotosho’s court is null and void and of no effect.
“The judgment which Justice James Omotosho allegedly gave in suit no: FHC/ABJ/1613/2023 is null and void, and it was a judgment obtained by fraud.
“Similarly, the three-man panel that sat in Justice James Omotosho’s case did not sit over any valid judgment to be reviewed or supervise by the court of Appeal because the case was dead long ago and up till today, and therefore, they are resorting to use of unnecessary and insulting language against the Governor of Rivers State, Siminalayi Fubara, which is tactless and uncalled for. “
