Rivers Electoral Commission Kicks As Assembly Issues 48-Hour Summon On Chairman
The Chairman of Rivers State Independent Electoral Commission (RSIEC)
Justice Adolphus Enebeli (retd.) has kicked against the 48-hour summon on him by the lawmakers.
The House, during its plenary, had summoned the RSIEC chair and threatened to issue a warrant for his arrest if he failed to appear at the expiration of the ultimatum.
“The Clerk of the House should immediately forward a letter to the Chairman of the Rivers State Independent Electoral Commission, asking him to appear before this August Assembly to answer questions pertaining to their conduct in office.
“To explain how they have been spending funds belonging to this state without approval of this August Assembly. What did they (RSIEC) do with the funds given to them in the year 2024 which they spent in the ill-fated 2024 local government elections?
“And why are they still spending funds in the year 2025 without an appropriation law, and planning to conduct another election without approval, without any budget,” the Assembly resolution read.
The Assembly promised to invoke its powers vested on it in Section 129 of the 1999 Constitution to issue a warrant of arrest to compel the chairman and members of the commission to appear before it.
“And the resolution of this House, the clerk will include in the letter that if the chairman and the commissioners fail to appear before this August Assembly, the House will be left with no other option but to invoke its powers vested in us in Section 129 of the 1999 Constitution to issue a warrant of arrest to compel them to appear before this August Assembly.”
The RSIEC chairman, in a reply to the Assembly through his lawyer and the Solicitor of the Association of Legislative Drafting and Advocacy Practitioners, Kenneth A. Amadi, asked that the 48-hour ultimatum order for him and other commissioners to appear to be withdrawn.
In a pre-action notice addressed to the Speaker, Amaewhule and issued on March 5, 2025, the lawyer said according to the principles of fair-hearing enshrined in both 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 a seven-day notice would suffice to honour an invitation from any legislature.
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The RSIEC chairman threatened to take legal steps and seek redress from a law court if the Assembly failed to withdraw the said ultimatum.
“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 amits of your powers as a legislature, as prescribed by the Nigerian Constitution,” the notice read.
SOURCE: PUNCH
