Rivers Assembly Alleges Plot to Secure Ex-Parte Orders to Stall Legislative Duties

The Rivers State House of Assembly has raised alarm over what it described as alleged clandestine efforts by certain individuals to obtain ex-parte court orders from High Courts outside the Port Harcourt Judicial Division aiming to prevent the legislature from carrying out its constitutional responsibilities.

The allegation was contained in a press statement issued Today and signed by the Chairman of the House Committee on Information, Petitions and Complaints, Hon. Dr. Enemi Alabo George, DSSRS.

According to the Assembly, it has received what it termed credible information indicating that some persons were attempting to exploit High Courts, particularly those outside the Port Harcourt division, to secure ex-parte orders that would “illegally stop” the House from performing its legislative functions.

“These persons are fully aware of the provisions of Section 272(5) of the Constitution,” the statement said.

It noted that the section vests jurisdiction in the Federal High Court to determine whether the tenure of a member of a State House of Assembly, a Governor, or Deputy Governor has ceased or become vacant, subject to constitutional provisions.

The Assembly also cited Section 188(10) of the 1999 Constitution (as amended), which provides that proceedings or determinations of a House of Assembly or an investigative panel relating to allegations of gross misconduct against a governor or deputy governor shall not be entertained or questioned by any court.

Hon. George further referenced recent judicial pronouncements by the Court of Appeal, particularly rulings that invalidated similar ex-parte orders previously issued by a Rivers State High Court, which were found to be inconsistent with Section 272(3) of the Constitution.

“A word is enough for the wise,” the statement warned.

With the approval of the Speaker of the House, the committee chairman called on those allegedly involved to exercise restraint and desist from actions capable of undermining the Constitution and the rule of law. 

He urged affected office holders, who have already been served with Notices of Allegations of Gross Misconduct, to respond to the allegations point by point rather than resort to what he described as “subterranean moves” or media campaigns against the Assembly.

The statement reaffirmed the Rivers State House of Assembly’s commitment to constitutional governance and the rule of law, adding, “We remain committed to the Constitution and the rule of law and may God bless our dear Rivers State and Nigeria.”