RVHA Can Still Legislate -Wike’s Aide

Governor Nyesom Wike of Rivers State (middle), with Bayesla State Governor, Hon Seriake Dickson (2nd left), their Akwa Ibom State counterpart, Mr Udom Emmanuel (2nd right) and Abia State Governor, Dr Okezie Ikpeazu, during the Thanksgiving Service to celebrate Udom’s Supreme Court’s victory in Uyo on Wednesday

The nullification of election of 22 members in the Rivers State House of Assembly by the Court of Appeal does not restrain the House from passing laws and making decisions, says Special Adviser to the Governor on Inter-Party Affairs, Barrister Chris Itamunoala.
Itamunoala, in a chat with newsmen in Port Harcourt on Wednesday, faulted the claims by Hon Victoria Nyeche, an All Progressives Congress (APC) member of the House that the Assembly, as presently constituted, does not form a quorum and cannot take decisions on issues affecting the state.
But the governor’s aide said, Nyeche’s view was not based on law, as he cited Sections 98(1), 96(1) and 102, arguing that even with the nullification of election of over 20 members of the House by the election tribunal, the current 11 members can still pass laws and take binding decisions.
Itamunoala said Nyeche was either ignorant of the law or economical with the truth with the view to mislead Rivers people and Nigerians on the workings of the Assembly.
The Special Adviser on Inter-Party Affairs declared, “The provision of Section 102 of the Nigerian Constitution is very clear to the effect that a House of Assembly may act, notwithstanding any vacancy in its membership in the presence or participation of any member entitled to it.”
He maintained that the cancellation of mandates of 21 members does invalidate the prescribed quorum, which in the current situation, is one third of 11 members presently constituting the membership of the House.
“Based on the combined effect of the Provisions of Section 102, Section 96(1), Section 98(1) and (2), the governor of Rivers State has the capacity to present names, issues before the legislative Assembly of Rivers State with a view to take decisions. They are 11 in composition, and they have capacity to legislate over decisions of the House,” Itamunoala submitted.
In view of this, he emphasized that the law does not in any way anticipate a vacuum in law making in the state.