Amaewhule-Led Assembly Moves to Repeal Rivers State Commission of Inquiry Law 1999

The Rivers State House of Assembly, led by Speaker Martins Amaewhule, has commenced the legislative process to repeal the 1999 Commission of Inquiry Law, Cap 30. This move follows the establishment of a Judicial Commission of Inquiry by the state government to investigate arson and destruction of local government secretariats during post-election violence.

The commission had summoned the Federal Capital Territory (FCT) Minister, Chief Nyesom Wike, and the All Progressives Congress (APC) Caretaker Chairman, Chief Tony Okocha. Both individuals, however, have refused to appear before the panel.

Amid this backdrop, Ijaw leader and legal expert Chief Edwin Clark asserted that the 27 lawmakers in the Assembly lacked the locus standi to take legal action against the commission. According to Clark, their defection from the Peoples Democratic Party (PDP) to the APC disqualifies them from representing the Assembly in any legal capacity.

The Assembly introduced the Commission of Inquiry Bill 2024 on November 22, which has already passed its First and Second Readings. The bill aims to repeal and re-enact the state’s Commission of Inquiry Law, modernizing its provisions to align with current democratic practices. Deputy Speaker Dumle Maol, alongside sponsors Lolo Opuende and Sylvanus Nwankwo, emphasized the need to replace outdated legislation rooted in the old Eastern Nigeria legal framework.

During debates, lawmakers argued that the new bill would enhance the separation of powers and democratic governance in Rivers State. Speaker Amaewhule stated that the bill seeks to ensure a balanced engagement between the Governor, the Assembly, and any future commissions to prevent abuses of power. He highlighted that Sections 128 and 129 of the amended 1999 Constitution grant the Assembly investigative powers that must be carefully administered through legislation.

The proposed bill has been referred to the House Committee on Judiciary for further scrutiny. Meanwhile, the House Committee on Public Complaints and Petitions provided an interim report on the disturbances in local government secretariats on October 7, with Committee Chairman Enemi George requesting additional time to conclude investigations.

In a broader critique of the ongoing political turmoil, Chief Clark accused Wike, Amaewhule, and their allies of destabilizing the state and undermining Governor Siminalayi Fubara’s administration. Clark called on President Bola Ahmed Tinubu to address Wike’s alleged constitutional violations. He argued that the lawmakers, having admitted their defection to the APC in court, automatically lost their seats as of December 11, 2023, rendering any legal action on behalf of the Assembly null and void.

Clark further dismissed the validity of recent legal proceedings, claiming the lawmakers’ case in Justice James Omotosho’s court was fraudulent and devoid of merit. He criticized the use of inflammatory language against Governor Fubara, describing it as unnecessary and counterproductive to resolving Rivers State’s political crisis.