March 06, (THEWILL) – The Association of Legislative Drafting and Advocacy Practitioners has criticized the 48-hour ultimatum issued by the Rivers State House of Assembly to the Chairman of the Rivers State Independent Electoral Commission, retired Justice Adolphus Enebeli, describing it as illegal and a violation of legislative procedures.
Through its solicitor, Barr. Kenneth A. Amadi, the association advised the lawmakers, led by Speaker Martins Amaewhule, to seek proper reorientation on legislative powers, warning that failure to withdraw the ultimatum would result in legal action.
The assembly had summoned Enebeli and all RSIEC commissioners to appear before it on Friday, March 7, 2025, over the conduct of the October 5, 2024, local government elections, which the House claimed were held in defiance of a subsisting court order.
It also demanded that the RSIEC chairman present documents justifying the commission’s expenditures from January 1, 2024, without an Appropriation Law, warning that failure to comply could lead to his arrest under Section 129 of the Constitution.
However, in a pre-action notice addressed to the Speaker on Wednesday, ALDRAP’s legal representatives described the summons as an abuse of legislative powers. Citing Section 36 of the 1999 Constitution and the case of El-Rufai vs National Assembly (2003), the association argued that a minimum of seven days’ notice is required for any legislative invitation under the Legislative Houses (Powers and Privileges) Act, 2018.
The notice stated, “We respectfully request the Rivers State House of Assembly to withdraw the 48-hour ultimatum issued to the RSIEC chairman. If this is not done, we will take legal steps to challenge the action in court.”
It further criticized the Assembly’s approach, stating, “Nigeria is a democracy, not a dictatorship where ultimatums are issued without regard for due process.”
The association also offered to conduct a legislative training workshop for the lawmakers at no cost, emphasizing the need for them to be reacquainted with the limits of their constitutional powers.
“We thank you in advance for your anticipated prompt and positive response,” the notice concluded.
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