Opinion -
DAILY COURIER - On 10 May 2023, the Governor of Rivers State, Sim Fubara, issued an executive order relocating the venue of the sitting of the Rivers State House of Assembly to a venue in the Government House Port Harcourt.
Do you think it is constitutional for Governor Sim Fubara to do so?
My answer to that question shall be in the negative.
My answer is hinged on the judgment of the Supreme Court of Nigeria in the celebrated case of Hon. Muyiwa Inakoju vs. Hon.Abraham Adeolu Adeleke (2007) 4 NWLR (Part 1035) Pg 409.
The Oyo State House of Assembly was broken into two factions.
One of the factions of the Oyo State House of Assembly sat on 13th December 2005 and sat at the usual Assembly Complex Secretariat, Ibadan (Respondents).
The other faction of the Oyo State House of Assembly sat at D'Rovans Hotel Ring Road, Ibadan, where they purportedly suspended the Draft Rules of the Oyo State House of Assembly (Appellants).
The faction that sat at D'Rovans Hotel Ring Road, Ibadan purportedly issued a notice of an allegation of misconduct for the commencement of an impeachment of Governor of Oyo State, Senator Rashidi Ladoja.
The faction (the Appellants) purportedly passed a motion calling for the investigation of the allegations of misconduct against Senator Ladoja without the concurrent consent and approval of the two-thirds majority of the 32 members of the House of Assembly.
The purported notice of allegations of misconduct against the governor was not served on each member of the House of Assembly.
Senator Ladoja was removed as Governor of Oyo State by the faction of the Oyo State House of Assembly that sat D'Rovans Hotel Ring Road, Ibadan.
Senator Ladoja challenged his purported removal as Governor of Oyo State.
One of the issues canvassed and decided by the Supreme Court was whether the sitting of a faction of the Oyo State House of Assembly in D'Rovans Hotel Ring Road Ibadan to issue a Notice of allegation of misconduct for the commencement of impeachment against Governor Rashidi Ladoja was constitutional.
The Supreme Court held that the purported sitting of the Defendants at D'Rovans Hotel Ring Road Ibadan where the purported Notice of allegations of misconduct and which is outside the designated venue of the Oyo State House of Assembly is unconstitutional null and void.
The Supreme Court held further that the 3rd Respondent, Senator Rashidi Ladoja remains the legally, constitutionally, and democratically elected Governor of Oyo State.
Conversely, anything done by the three Members of the Pro-Governor Fubara's faction of the Rivers House of Assembly sitting in the Government House, Port Harcourt, outside the designated venue of the Rivers State House of Assembly is illegal and unconstitutional.
• Okoi Obono-Obla is a lawyer and former SSA to the President, Office of the Honourable Attorney General of the Federation and Minister of Justice (2016 to 2019).
