The Rivers State chapter of the African Democratic Congress (ADC) has demanded that the State House of Assembly explain the legal basis for reversing its earlier declaration that the seats of three lawmakers were vacant.
In a press statement by the Publicity Secretary of the ADC Rivers State Chapter, Chizy Enyi, Esq., on Tuesday October 20, 2026, the party expressed serious concern over the Assembly’s decision to reinstate Hon. Victor Oko-Jumbo, Hon. Sokari Goodboy Sokari and Hon. Timothy Oruibienimigha after it had already notified the Independent National Electoral Commission (INEC) to conduct by-elections in their constituencies.
ADC described the development as a matter of grave constitutional importance that raises questions about the consistency, independence and integrity of the Rivers legislature.
The party recalled that Section 109(1)(f) of the 1999 Constitution provides that a member of a State House of Assembly shall vacate his seat if, without just cause, he is absent from sittings for more than one-third of the total number of days the House meets in any one year. Sections 109(2) and (3) set out the framework for determining such vacancies and certifying justified absence.
According to the ADC, the Assembly had previously invoked these provisions to declare the seats vacant and communicated the decision to INEC.
It has now reversed the resolution following letters of apology and explanations from the affected lawmakers.
“The fundamental question is simple: Was the original declaration of vacancy constitutionally valid, or was it an unlawful exercise of legislative authority?” the statement asked.
“If the original declaration was constitutionally valid, the Assembly must explain the legal authority under which it now seeks to reverse its consequences.
Conversely, if the original declaration was defective, the Assembly owes Rivers people an explanation as to why it took such a consequential decision in the first place.”
While acknowledging that a legislative house may reconsider previous resolutions on legitimate grounds, the ADC insisted that such powers cannot override the express provisions of the Constitution.
A constitutionally established vacancy, it said, cannot be treated as a matter to be created or extinguished merely through political convenience.
The party linked the reversal to recent political reconciliation efforts involving the Minister of the Federal Capital Territory, Chief Nyesom Wike, and Governor Siminalayi Fubara.
It warned that while reconciliation is not inherently objectionable, it must never become a substitute for constitutional compliance or an instrument for subordinating independent institutions to political interests.
ADC called on the Speaker of the House, Rt. Hon. Martin Chike Amaewhule, to publicly clarify the constitutional and legal grounds for the original declaration, the new evidence or circumstances that informed the reversal, whether the requirements of Section 109(3) on written certification of justified absence were met, whether INEC has been formally notified of the reversal, and whether the decision was reached independently or formed part of the recent political arrangements.
The party also urged INEC to clarify the status of the earlier notification of vacancies and any electoral processes already initiated.
“The Rivers State House of Assembly cannot invoke the Constitution when it is politically convenient and disregard its requirements when political circumstances change,” the statement stressed.
ADC further demanded that the leadership of the Assembly make the relevant legislative proceedings, attendance records, notices and constitutional certifications available for public scrutiny. Where constitutional questions remain unresolved, it said, the appropriate judicial authorities should be allowed to determine them.
