The Rivers State House of Assembly has raised serious concerns over what it described as an alleged covert plan by certain individuals to obtain ex-parte court orders from High Courts outside the Port Harcourt Judicial Division. According to the lawmakers, the alleged move is aimed at unlawfully stopping the Assembly from carrying out its constitutional responsibilities.
In a press statement released on Tuesday, the Assembly disclosed that it had received credible intelligence suggesting that some persons were attempting to exploit courts outside the Port Harcourt division to interfere with the legislative process. The statement was signed by Hon. Dr. Enemi Alabo George DSSRS, Chairman of the House Committee on Information, Petitions and Complaints.
The Assembly warned that such actions, if carried out, would amount to a direct violation of the Nigerian Constitution. It noted that the individuals allegedly involved were fully aware of the constitutional provisions governing such matters, particularly Section 272(5), which confers jurisdiction on the Federal High Court to determine whether the tenure of a State House of Assembly member, Governor, or Deputy Governor has ceased or become vacant.
The statement also referenced Section 188(10) of the Constitution, which expressly bars courts from entertaining or questioning proceedings or determinations of a House of Assembly or its investigative panels in matters relating to allegations of gross misconduct.
Furthermore, the Assembly pointed to recent judicial pronouncements, including a ruling by the Court of Appeal, which faulted the issuance of similar ex-parte orders by a Rivers State High Court in defiance of Section 272(3) of the Constitution. According to the lawmakers, these legal precedents leave no ambiguity about the limits of judicial intervention in legislative affairs.
Calling for restraint, the Assembly urged those allegedly involved to desist from actions capable of undermining constitutional order and the rule of law.
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With the approval of the Speaker, the House advised affected office holders who have already been served with Notices of Allegations of Gross Misconduct to respond formally and comprehensively, rather than resorting to what it described as backdoor tactics or media attacks against the Assembly and its members.
Reaffirming its commitment to constitutional governance, the Rivers State House of Assembly emphasized that it would continue to uphold the rule of law in the discharge of its duties, while calling for respect for democratic institutions in Rivers State and Nigeria at large.