Rivers Assembly Under Fire As ADC Demands Answers Over Reversal Of Lawmakers’ Vacant Seats

The African Democratic Congress (ADC) in Rivers State has called on the State House of Assembly to explain the legal basis for reversing its earlier decision to declare three lawmakers’ seats vacant after notifying the Independent National Electoral Commission (INEC) to conduct by-elections.

In a report published by Daily Post on Wednesday, October 21, 2026, the party expressed concern that the Assembly’s decision to reinstate the affected lawmakers could raise constitutional questions, particularly regarding the procedures for declaring legislative seats vacant and subsequently reversing such decisions.

In a statement dated October 20, the ADC’s Rivers State Publicity Secretary, Chizy Enyi, called on the Speaker of the House, Martin Chike Amaewhule, to publicly clarify the circumstances surrounding the initial declaration of vacancies and the reasons for its subsequent reversal.

The party argued that the matter required urgent clarification because the Assembly had reportedly informed INEC of its earlier resolution, paving the way for by-elections to fill the affected positions.

According to the ADC, the Assembly must explain whether its original decision was consistent with the law and identify the constitutional provisions that permitted it to reverse the declaration.

The party also questioned the circumstances surrounding the initial action, arguing that if the declaration of vacancies was unlawful, the legislature should explain why it proceeded with the decision.

The opposition party referred to Section 109(1)(f) of the 1999 Constitution of Nigeria, as amended, which addresses circumstances under which a member of a State House of Assembly may lose their seat for missing legislative sittings without a justifiable reason for more than one-third of the sitting days in a year.

It also referenced Sections 109(2) and 109(3), which contain additional provisions relating to legislative vacancies and the recognition of justified absences.

While acknowledging that the Assembly could reconsider previous decisions where legally permissible, the ADC insisted that any reversal must be supported by constitutional provisions and established legal procedures.

The party maintained that a legislative seat declared vacant in accordance with the Constitution should not be restored arbitrarily or on the basis of political considerations.

It therefore requested clarification on whether the Assembly followed the necessary procedures before declaring the three seats vacant.

The ADC also questioned whether the lawmakers’ apology letters and explanations for their absences provided sufficient legal grounds for the legislature to reverse its earlier decision.

Beyond questioning the Assembly’s actions, the ADC raised concerns about the status of the notification previously sent to INEC.

The party asked whether the electoral commission had officially received communication concerning the reversal and sought details of any preparations that might have begun towards conducting the proposed by-elections.

It called on INEC to clarify the current status of the matter and explain whether any electoral arrangements had been initiated before the Assembly changed its position.

The party further urged the legislature to make relevant documents available to the public, including attendance registers, legislative records, official notices and constitutional materials that could help establish the basis for its decisions.

According to the ADC, making these records public would promote transparency and enable citizens to understand whether the actions taken by the Assembly complied with the law.

The controversy comes amid ongoing political reconciliation efforts involving the Minister of the Federal Capital Territory, Nyesom Wike, and Rivers State Governor, Siminalayi Fubara.

Although the ADC acknowledged the importance of resolving political disagreements, it cautioned that negotiations between political leaders should not come at the expense of constitutional requirements or the independence of public institutions.

The party stressed that political considerations must remain subordinate to the rule of law, particularly when decisions affect elected representatives and the electoral process.

It also suggested that any outstanding legal disputes surrounding the reinstatement of the lawmakers should be referred to the appropriate courts for authoritative interpretation.

The ADC maintained that constitutional accountability, transparency and due process must guide the Assembly’s actions, irrespective of changing political alliances or reconciliation efforts.

The party concluded by emphasising that the Constitution must remain the supreme authority in resolving disputes involving legislative vacancies, adding that political agreements should never be used to justify actions that conflict with established legal provisions.

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