THE recent happenings in the Ebonyi State House of Assembly needs to be examined critically because of its political and constitutional implication and the danger it poses to the principles of separation of power as contained in the 1999 constitution as amended under our nascent democratic dispensation.
Recently, the Ebonyi State House of Assembly declared vacant, the seat of four legislators of the State House of Assembly on the grounds that they defected from the Peoples Democratic Party (PDP) to Labour Party in the State.
It is pertinent to mention here that under the 1999 constitution as amended, the House of Assembly of any State must be composed of a minimum of 20 members and maximum of 40 members.
The simple implication of what the Ebonyi State House of Assembly did by declaring the four seats vacant out of its total 24 members and reducing their number to 20 members is that the House now operates with 20 members which is far below the constitutional provision and requirement for the House to function.
In essence, anything done by the Ebonyi State House of Assembly now is illegal and unconstitutional.
In fact, it can be said that technically, the Ebonyi State House of Assembly has seized to exist in the eyes of the law, it has sut itself down. The Assembly has sang its “nunc dimities” it is like cutting the nose to spite the face.
Unless something is done and sanity returns, the place of the House in the State as a hollowed chambers has been put to rest.
It is however, debatable whether the Ebonyi State House of Assembly has the power to eclipse itself but it is beyond argument that with 20 members now piloting the affairs of the legislature against the constitutional provision of 20 members minimum, no valid, legal or constitutional action can emanate from the House because the House is improperly and illegally constituted.
The House cannot validly pass bills, resolutions or function as a Legislative House as in law “you cannot give what you don’t have”. For you cannot make laws when you are not a legislator; even any sitting of the House now is illegal.
The issue of declaration of the seats of legislators who have joined other political parties vacant has been in the front banner in recent times.
This issue is now in the domain of our courts and should not be discussed or acted upon as such an action is subjidice and triable.
When the speaker of the Federal House of Representatives left the PDP to join the APC his former party, the PDP took him to Court to declare his seat vacant and the Court has not handed down any verdict on the issue yet.
Allowing the matter to be decided by the Court first is the Legal procedure which one would have expected the Ebonyi State House of Assembly to follow.
Instead, the House proceeded to declare the seats of the four Legislators vacant when the matter is the subject of a litigation yet to be decided by the Court. This issue of defection is an issue which the judiciary should settle so as to guide against possible violence, anarchy and break-down of law and order in our Legislative Houses round the country.
The action of the Ebonyi State House of Assembly is a dangerous Legislative and political precedence which has the capability of truncating our democratic structure, the rule of law and separation of power.
It is very important to emphasize here that before the House can resume legislative functions, INEC will have to conduct fresh elections In the State to fill the vacant positions to bring the composition of the House to the minimum constitutional requirement of 24 members.
This is not the first time the House has shown total disregard to the constitution. The assembly should realize that the constitution is a supreme document not a mere piece of paper.
It is this particular Assembly that recently sat and sacked all the Chairmen of Care-Taker Committees of Local Governments in the State duly appointed by the State Government. Whereas it has no power to take such an action.
The issue of appointment of Caretaker or transition Committee Chairmen rests squarely on the shoulders of the Executive arm of the government and not the Legislature.
The Ebonyi State House of Assembly has continued to pass resolutions of the House as if they are laws that must be obeyed by the Executive.
Resolutions of Parliaments all over the world have no force of law, truly they are merely advisory to the Executive and may be accepted or rejected by the Executive.
Our State House of Assembly should know and realize the limits of their powers and avoid the use of brute force in their legislative business.
For a Legislative House to contemplate impeaching a State Governor, on grounds of non-implementation of their resolutions is to descend from the sublime to the ridiculous. It is not an offence that a Governor refused to assent to any bill or resolution of the House. With these developments, it is now imperative that legislators in Eboniyi need some form of orientation for effective discahrge of their duties.
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