The Rivers State House of Assembly has rescinded its earlier decision to declare the seats of three lawmakers loyal to Governor Siminalayi Fubara vacant, following appeals by the affected legislators explaining their failure to resume legislative duties after their suspension was lifted in December 2023.
The lawmakers are Hon. Victor Oko-Jumbo, representing Bonny Constituency; Hon. Sokari Goodboy Sokari, representing Ahoada West Constituency; and Hon. Timothy Oruibienimigha, representing Opobo/Nkoro Constituency.
The decision was taken on Monday during the 68th legislative sitting of the Fourth Session of the Tenth Assembly, after Speaker Martin Amaewhule read separate letters of appeal from the three lawmakers.
In their letters, the legislators apologised to the House and explained that they did not resume attendance because they had not received official correspondence informing them that their suspension had been lifted.
They appealed to the Assembly to reconsider its decision declaring their seats vacant, maintaining that their absence from plenary was not deliberate but resulted from their alleged lack of knowledge of the communication lifting their suspension.
The appeals were subsequently debated by members of the House, who expressed support for reconsidering the earlier decision and allowing the affected lawmakers to resume their legislative responsibilities.
Following the deliberations, the Speaker put the question to a vote, and the lawmakers voted in favour of rescinding the decision declaring the three seats vacant.
The reversal is expected to pave the way for the affected legislators to return to the Assembly and represent their respective constituencies.
Speaking during the proceedings, Amaewhule said the House had considered the circumstances surrounding the appeals, noting that investigations indicated that the lawmakers might not have received the correspondence notifying them of the lifting of their suspension.
The Speaker stressed that the decision should be guided by justice and the provisions of the law rather than emotions.
He maintained that the lawmakers’ explanations had been considered alongside the submissions made by other members before the House arrived at its decision.
The latest development marks a significant turn in the legislative dispute involving the three lawmakers, whose seats were declared vacant following their continued absence from legislative sittings after their suspension was lifted.
Background to the Dispute
The controversy dates back to October 30, 2023, when the Assembly suspended four lawmakers during the political crisis that engulfed Rivers State and deepened tensions between the state government and the legislature.
The suspension was lifted on December 20, 2023, following a presidential intervention involving President Bola Tinubu, who convened a meeting between Governor Fubara and the Minister of the Federal Capital Territory, Nyesom Wike, as part of efforts to resolve the political crisis.
However, the three lawmakers failed to resume attendance at plenary after the suspension was lifted.
The Assembly subsequently declared their seats vacant on October 15, 2024, citing Section 109(1)(e) and (f), as well as Section 109(2) of the 1999 Constitution of the Federal Republic of Nigeria.
The constitutional provisions address circumstances under which a state lawmaker may lose their seat, including failure to attend legislative sittings under the conditions specified by the law.
Following the decision, the Assembly notified the Independent National Electoral Commission, INEC, to conduct bye-elections to fill the three vacant seats.
The lawmakers’ latest appeals, however, prompted the House to reconsider that position, with members voting to reverse the earlier declaration.
The decision underscores a fresh development in the long-running legislative dispute associated with the political crisis in Rivers State.
It also raises questions about the subsequent steps required to regularise the status of the affected constituencies, particularly in view of the earlier notification to INEC to conduct by-elections.