Rivers ADC Questions Assembly’s U-Turn on Three Lawmakers’ Seats, Demands Legal Explanation

The African Democratic Congress (ADC) in Rivers State has demanded an explanation from the State House of Assembly over its decision to reverse the declaration of three lawmakers’ seats as vacant after notifying the Independent National Electoral Commission (INEC) to conduct by-elections.

The party questioned the legal basis for the reversal, which followed apology letters and explanations from the affected lawmakers: Victor Oko-Jumbo, Sokari Goodboy Sokari and Timothy Oruibienimigha.

In a statement dated October 20 and signed by its Rivers State Publicity Secretary, Chizy Enyi, the ADC called on the Speaker, Martin Chike Amaewhule, to publicly clarify the circumstances surrounding the initial declaration and the subsequent decision to reverse it. The party said the development raised concerns about constitutional compliance and the consistency of the legislature’s actions.

The ADC cited Section 109(1)(f) of the 1999 Constitution, as amended, which provides grounds for a State House of Assembly member to lose their seat after being absent from sittings, without just cause, for more than one-third of the total number of days the House meets in a year. It also referenced Sections 109(2) and 109(3), which it said provide further guidance on vacancies and justified absences.

The party acknowledged that the Assembly could reconsider an earlier resolution where legitimate grounds existed. However, it insisted that any reversal must have a clear legal basis and questioned whether the constitutional requirements on attendance and justified absence had been properly applied before the seats were declared vacant.

It also asked the Assembly to disclose whether new evidence or changed legal circumstances informed its decision. The ADC further sought clarification on whether INEC had formally received notification of the reversal and what effect it would have on any electoral processes initiated after the original notice.

The party linked its concerns to recent political reconciliation efforts involving Federal Capital Territory Minister Nyesom Wike and Rivers State Governor Siminalayi Fubara. While acknowledging that reconciliation was not inherently wrong, it warned that political agreements must not override constitutional obligations or undermine the independence of public institutions.

The ADC urged the Assembly to release relevant legislative proceedings, attendance records, notices and constitutional certifications for public scrutiny. It also called on INEC to clarify the status of the earlier notification and urged that unresolved constitutional questions be referred to the appropriate courts, maintaining that the rule of law must take precedence over political interests.