The Rt. Hon. Christopher Ogbonnaya Enweremadu, former Speaker of the Abia State House of Assembly, has lauded the Supreme Court’s recent judgment affirming that only a duly constituted Speaker can declare a lawmaker’s seat vacant in a State Assembly.
The ruling, delivered on Friday, resolved the contentious dispute involving 27 members of the Rivers State House of Assembly, whose seats were threatened amid defection controversies.
In a statement issued on Saturday, the Rt. Hon. Enweremadu described the verdict as a “landmark reinforcement of constitutional democracy,” urging Nigerians to prioritize legal frameworks over emotional or political considerations.
He emphasized that the judgment aligns with Section 109(1)(g) of the 1999 Constitution (as amended), which stipulates that only the Speaker—acting on a member’s defection—can initiate vacancy proceedings, contingent on a two-thirds majority resolution by the House.
“This ruling reaffirms the sanctity of our constitutional order,” said Enweremadu, who presided over the 2nd Assembly.
The former speaker affirmed that the judiciary has, once again, demonstrated its role as the guardian of our democracy, saying that Political actors must resist the temptation to manipulate legislative processes for short-term gains.”
Enweremadu who then referenced recent judicial precedents, including Hon. Ifedayo Abegunde vs. Ondo State House of Assembly* (2015), where the Supreme Court ruled that only the Speaker or the House itself not external entities can determine the vacancy of a seat following defection.
Similarly, in Sokoto State House of Assembly vs. Abdullahi Mogaji (2020), the apex court nullified attempts by executive actors to unilaterally declare seats vacant, stressing the separation of powers.
These cases underscore a consistent judicial philosophy, the legislature’s autonomy must be shielded from undue interference.
The Rivers judgment is not an isolated win but part of a broader jurisprudence protecting our democracy,” he noted.
Enweremadu urged Nigerians to reflect on the nation’s 26 years of unbroken democratic governance, arguing that progress hinges on strict adherence to constitutional processes, that emotions and political vendettas must not override the rule of law, our institutions, particularly the legislature, require stability to function effectively,” he stated.
He further warned against the growing trend of executive overreach and media trials aimed at intimidating lawmakers, stressing that such actions erode public trust.
The Speaker’s authority, as affirmed by the Supreme Court, is not merely procedural but a cornerstone of legislative independence. To undermine it is to undermine democracy itself.”
Enweremadu who then expressed optimism that the Supreme Court’s judgment would set a precedent for resolving similar conflicts, urging stakeholders to “prioritize dialogue, respect institutional roles, and commit to deepening Nigeria’s democratic culture.”
Rt. Hon. Christopher Ogbonnaya Enweremadu served as Speaker of the Abia State House of Assembly during the 2nd Assembly and remains an advocate for legislative reforms and constitutionalism.
By Okechukwu Charles
01/03/2025
