BY PRECIOUS AMADI
Party demands clarification from Speaker, INEC over reinstatement of three lawmakers, cites constitutional provisions on prolonged absence
The African Democratic Congress (ADC), Rivers State Chapter, has called on the Rivers State House of Assembly to explain the constitutional and legal basis for reversing its earlier decision declaring the seats of three lawmakers vacant.
The party’s demand follows the Assembly’s decision on Monday, October 19, 2026, to rescind the declaration against Hon. Victor Oko-Jumbo, Hon. Sokari Goodboy Sokari and Hon. Timothy Oruibienimigha, representing Bonny, Ahoada West and Opobo/Nkoro constituencies, respectively. The Assembly had earlier notified the Independent National Electoral Commission (INEC) to conduct by-elections to fill the seats.
In a statement, the ADC said the reversal raised questions about the consistency of the legislature’s decisions and its adherence to constitutional provisions governing the tenure of members of a State House of Assembly.
The party argued that while a legislative House could reconsider its earlier resolutions on legitimate grounds, such powers must be exercised within the limits of the Constitution.
Citing Section 109(1)(f) of the 1999 Constitution, as amended, the ADC noted that a member of a State House of Assembly shall vacate their seat if, without just cause, they are absent from meetings for an aggregate period exceeding one-third of the total number of days the House meets in any one year.
However, the constitutional provision must be read alongside Sections 109(2) and 109(3), which set out the evidential requirements for applying the vacancy provision and the treatment of absence without just cause.
Section 109(2) provides that the Speaker shall give effect to the vacancy provisions only after the Speaker or a member presents evidence satisfactory to the House that a relevant constitutional ground has arisen.
Section 109(3) further provides that a member is deemed to have been absent without just cause unless the person presiding certifies in writing that the absence was for a just cause.
Against this legal background, the ADC questioned whether the original declaration of the three seats as vacant met the constitutional requirements and, if so, what legal grounds supported its subsequent reversal.
The party also sought clarification on whether the lawmakers’ explanations that they did not receive notification that their suspension had been lifted were considered in reviewing the earlier decision.
Reports on the Assembly’s proceedings indicate that the lawmakers submitted letters dated October 16, 2026, apologising for their failure to resume attendance and explaining that they had not received correspondence informing them that their suspension had been lifted.
The Assembly had suspended the lawmakers in October 2023 and lifted the suspension in December of that year. Their seats were subsequently declared vacant on October 15, 2025, following their continued absence from legislative sittings.
The ADC further urged Speaker Martin Chike Amaewhule to clarify whether the Assembly formally notified INEC of the reversal and the status of any electoral arrangements initiated following the original declaration.
It also called for the release of relevant legislative proceedings, attendance records, notices and constitutional certifications for public scrutiny.
The party expressed concern that the decision came amid renewed reconciliation efforts involving the Minister of the Federal Capital Territory, Chief Nyesom Wike, and Rivers State Governor, Sir Siminalayi Fubara.
It maintained that political reconciliation should not override constitutional obligations or compromise the independence of democratic institutions.
The ADC also called on INEC to clarify the status of the earlier notification concerning the vacant seats and any consequential electoral processes.
LEGAL POSITION
Under Section 109(1)(f), prolonged absence without just cause is a constitutional ground for a State Assembly member to vacate their seat. However, the application of that provision must satisfy the evidential and procedural requirements under Section 109(2), read with Section 109(3).
The Constitution does not expressly set out a specific procedure in Section 109 for rescinding a previously declared vacancy. Whether the Assembly could validly reverse its earlier decision in these circumstances therefore depends on the applicable constitutional provisions, the facts and procedure surrounding the original declaration, and the legal effect of the subsequent resolution.
The ADC said unresolved constitutional questions should be determined by the appropriate judicial authorities, insisting that the legislature must operate within the rule of law, irrespective of political interests.
The party maintained that Rivers people deserved a legislature that remained accountable, independent and faithful to its constitutional responsibilities.
