Fubara’s legal team should invoke constitution for NASS takeover – Jega Mahmud

DDM News

A political analyst, Jega Mahmud, has urged Governor Siminalayi Fubara’s legal team to take constitutional action on Rivers State’s legislative crisis.

Mahmud reacted to the indefinite adjournment of the Rivers State House of Assembly, led by Speaker Martin Amaewhule.

According to Diaspora digital media (DDM) reports, he stated that the lawmakers’ decision to go on indefinite recess could disrupt governance and create a constitutional crisis in the state.

Speaking during an interview with News Central TV, he explained that a functional legislature is crucial for effective governance in any state.

Mahmud pointed out that legislative activities include passing laws, approving policies, and providing checks and balances on the executive arm of government.

By shutting down indefinitely, the lawmakers, according to him, are preventing the smooth functioning of the government in Rivers State.

He advised Governor Fubara’s legal team to study the Nigerian Constitution and explore legal avenues to address the situation.

Mahmud referenced Section 11, subsections 4 and 5, of the 1999 Constitution, which provides solutions for situations where a state legislature fails.

Background on Section 11(4-5) of the Constitution

The Nigerian Constitution is the supreme legal document that defines the separation of powers among the three arms of government.

It assigns specific responsibilities to the executive, legislature, and judiciary to ensure proper governance and prevent abuse of power.

The legislature, at both state and federal levels, is responsible for making laws and overseeing government activities for public welfare.

Section 11 of the Constitution grants the National Assembly authority to intervene when a state legislature is unable to function properly.

Subsection 4 states that the National Assembly can take over legislative duties if a state legislature is in crisis.

Subsection 5 empowers the National Assembly to continue legislative functions until the affected state House of Assembly resumes normal operations.

Mahmud stressed that the ongoing crisis in Rivers State falls within the provisions outlined in this section of the Constitution.

He argued that an indefinite adjournment means the Assembly has abandoned its constitutional responsibilities, warranting the intervention of the National Assembly.

He stated, “Governor Fubara’s legal team must not overlook this constitutional provision to prevent governance from being held hostage by lawmakers.”

Mahmud emphasized that governance should not be stalled due to political disputes or legislative inactivity in the state.

He called on constitutional scholars and legal experts to support efforts to ensure the law is correctly interpreted and applied.

He also urged stakeholders to persuade the lawmakers to return to their duties and fulfill their legislative responsibilities.

Mahmud insisted that legislative processes must continue to avoid a breakdown of governance in Rivers State.

He reiterated that the National Assembly has the constitutional backing to step in and prevent governance from being disrupted indefinitely.

For Diaspora Digital Media Updates click on Whatsapp, or Telegram. For eyewitness accounts/ reports/ articles, write to: citizenreports@diasporadigitalmedia.com. Follow us on X (Fomerly Twitter) or Facebook