A member of the Peoples Democratic Party, PDP Amb. Dan Harry has asked an Abuja Federal High Court to restrain the House of Representatives from taking over, or performing the functions of the Rivers State House of Assembly.
The House of Representatives, the Speaker, Deputy Speaker and the Attorney-General of the Federation were listed as the defendants in the suit filed by the plaintiff’s counsel, Chukwuma Nwachukwu.
The plaintiff asked the court to declare that the House of Representatives, cannot take over the functions of the Rivers State House of Assembly without the occurrence of the conditions set out in section 11(4), (5) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and complying strictly with same.
The plaintiff also asked the court to declare as unlawful, illegal and void, the taking over of the functions of the Rivers State House of Assembly by the House of Representatives, following its resolution of July 10, 2013.
He further asked the court for an “order of perpetual injunction restraining the defendants from further taking over or performing the functions of the House of Assembly of Rivers State except in strict compliance with the provisions of the 1999 Constitution, as amended.”
The plaintiff asked the court to determine whether the National Assembly, particularly the House of Representatives, is entitled to take over the functions of the Rivers State House of Assembly without complying with the provisions of section 11 of the 1999 Constitution, and also, whether the House of Representatives was not amenable to a restraining order by way of an injunction restraining them from taking over the functions of the Rivers State House of Assembly.
In an affidavit in support of the originating summons, the plaintiff averred that the take-over of the functions of the Rivers State House of Assembly by the House of Representatives was hasty, noting that the state’s lawmakers are still able to meet and perform their constitutional functions.
He said, “I know for a fact that the Rivers State House of Assembly presided over by Hon. Otelemaba Amachree held its sitting in its chambers on the 9th of July 2013, whereby it considered and duly passed the 2013 supplementary appropriation bill presented to it by the Deputy Governor of Rivers State, Hon. Tele Ikuru and thereafter, the said House of Assembly adjourned its proceedings sine die (indefinitely).
“I know for a fact that, consequent upon its aforesaid sitting, the Rivers State House of Assembly cannot be said to be incapable of meeting, sitting or performing its legislative duties.”
No date has been fixed to hear the suit.
