“If the original declaration was constitutionally valid, the Assembly must explain the legal authority under which it now seeks to reverse its consequences,” the assertion added.
The occasion cited Section 109(1)(f) of the 1999 Constitution, as amended, which supplies for a member of a State House of Assembly to vacate their seat if, with out simply trigger, they’re absent from sittings for greater than one-third of the full quantity of days the House meets in a 12 months.
It additionally referenced Sections 109(2) and 109(3), which it mentioned present the constitutional framework for figuring out vacancies and certifying justified absences.
The ADC, nonetheless, acknowledged {that a} legislative home may rethink earlier resolutions the place authentic grounds existed, insisting that such powers have to be exercised throughout the limits of the Constitution.
“A constitutionally established vacancy cannot be treated as a matter to be created or extinguished merely through political convenience,” the occasion mentioned.
It additional questioned whether or not the Assembly had complied with the constitutional necessities governing justified absence earlier than declaring the seats vacant and whether or not any new proof or legal circumstances knowledgeable the following reversal.
The occasion additionally demanded clarification on whether or not INEC had been formally notified of the reversal and what implications it had for the electoral processes that may have been initiated following the sooner notification.
The ADC’s considerations come amid latest political reconciliation efforts involving the Minister of the Federal Capital Territory, Nyesom Wike, and Rivers State Governor, Siminalayi Fubara.
While acknowledging that reconciliation was not inherently objectionable, the occasion cautioned in opposition to permitting political preparations to override constitutional obligations or compromise the independence of public establishments.
“While political reconciliation is not inherently objectionable, it must never become a substitute for constitutional compliance or an instrument for subordinating independent institutions to political interests,” the assertion mentioned.
The ADC urged the Assembly to make related legislative proceedings, attendance data, notices and constitutional certifications obtainable for public scrutiny.
It additionally known as on INEC to make clear the standing of the sooner notification and any electoral processes arising from it, including that unresolved constitutional questions ought to be referred to the suitable judicial authorities.
The occasion maintained that the legislature’s choices have to be guided by the legislation, due course of and the general public curiosity, reasonably than the altering pursuits of political actors.
“The Constitution must remain supreme. Political reconciliation cannot take precedence over the rule of law,” the assertion concluded.
