The Rivers State Independent Electoral Commission (RSIEC) Chairman, Justice Adolphus Enebeli, has vowed to take court action if the state’s House of Assembly failed to withdraw the 48-hours ultimatum issued for his appearance before the legislative chamber.
NPO reported that the Martin Amaewhule-led Assembly had, on Wednesday, summoned the RSIEC Chairman over the conduct of the October 5, 2024 local government election.
The Assembly had threaten to issue a warrant for his arrest if he fails to appear before the chamber.
Reacting in a statement issued by his legal counsel, Kenneth Amadi, the RSIEC Chairman warned the Assembly against failure to withdraw the ultimatum.
He held that the ultimatum contradicted the principles of fair hearing enshrined in both the Section 36 of the Constitution of the Federal Republic Of Nigeria. 1999 and the case law Of El-Rufai vs. House Of Representatives, National Assembly (2003).
According to the statement, the Assembly supposed to give a seven days notice for the summon as against the dictatorial ultimatum.
Enebeli’s counsel added that the Assembly need to undergo a re-orientation training workshop to understand the scope of their power as legislatures.
The statement read in part; “By way of re-introduction, my name is Kenneth A. Amadi, Esq., I am the Solicitor Of the Association of Legislative Drafting and Advocacy Practitioners-ALDRAP.
“We write to issue this PRE-ACTION NOTICE respectfully requesting you and the Honorable Rivers State House of Assembly to withdraw the 48 hours ultimatum issued against the Rivers State Independent Electoral Commission directing him to appear before your Honorable Assembly.
“According to the principles of fair hearing enshrined in both the Section 36 of the Constitution of the Federal Republic Of Nigeria. 1999 and the case law Of El-Rufai vs. House Of Representatives, National Assembly (2003), at least seven (7) day notice would suffice to honour an invitation from any legislature according to the Legislative Houses (Powers and Privileges)Act, 2018.
“TAKE NOTICE THAT IN THE EVENT THAT you AND THE HONORABLE RIVERS STATE HOUSE OF ASSEMBLY FAILS TO WITHDRAW THE SAID ULTIMATUM WE INTEND TO TAKE LEGAL STEPS TO APPROACH A COURT OF LAW TO SEEK REDRESS.
“We use this opportunity to remind you that we are in a democracy and not a dictatorship wherein ultimatums are issued without regard to the relevant laws such as the Legislative Houses (Powers and Privileges)Act. 2018.
“We respectfully suggest that both yourself and other legislators of the Rivers State House of Assembly undergo a re-orientation training workshop wherein you will be re-acquainted with the scope and ambits of your powers as a legislature as prescribed by the Nigerian Constitution.
“Our organization Offers to deliver any such training workshop at no costs to the Rivers State House of Assembly.
“We thank you in advance for your anticipated prompt and positive response.”
