The Rivers State House of Assembly has raised the alarm over what it described as a plot by some persons linked to the executive arm to procure a court order stopping it from performing its constitutional functions.

In a statement on Sunday, Chairman of the House Committee on Information, Petitions and Complaints, Dr. Enemi Alabo George, said the plot was to get an ex-parte order from the state High Court operating outside Port Harcourt, the state capital.

The alarm raised by the Assembly follows the impeachment process it initiated against Governor Siminalayi Fubara and his deputy, Professor Ngozi Odu.

George said such a move was dead on arrival because it would amount to an attempt to subvert the 1999 Constitution.

“The Rivers State House of Assembly has received information of plots by certain persons to utilize some Rivers State High Courts especially outside the Port Harcourt Judicial Division to issue ex-parte orders to illegally stop the Rivers State House of Assembly from performing her constitutional duties,” the statement read.

The Assembly cited relevant constitutional provisions to back its position.

“These persons are fully aware of the provisions of Section 272(3) of the Constitution which states that ‘subject to the provisions of Section 251 and other provisions of the Constitution, the Federal High Court shall have jurisdiction to hear and determine the question as to whether the term of office of a member of the House of Assembly of a state, Governor or Deputy Governor has ceased or become vacant’,” George stated.

He added: “Also, Section 188(10) states that ‘no proceedings or determination of the panel or of the House of Assembly or any matter relating to such proceedings or determination shall be entertained or questioned in any court’.

“These persons are also fully aware of judicial pronouncements on this matter especially recently at the Court of Appeal on a matter involving similar ex-parte order by a Rivers State High Court contrary to Section 272(3) of the Constitution. A word is enough for the wise.”

The Assembly called on the persons behind the alleged plot to exercise restraint and refrain from actions inimical to the Constitution.

George said all that was required was for the office holders who have already been duly served with the Notice of Allegations of Gross Misconduct to respond to them, item by item, rather than deploy subterranean moves to subvert the law or use proxies to malign the Rivers State House of Assembly in the media.

“Therefore, with the leave of the Speaker of the Rivers State House of Assembly, I call on those concerned to exercise restraint and refrain from acts inimical to the Constitution and the rule of law,” he said.

“All that is required is for the office holders who have already been duly served with the Notice of Allegations of Gross Misconduct to respond to them item by item rather than deploy subterranean moves to subvert the law or use proxies to malign members and the Rivers State House of Assembly in the media.

“We remain committed to the Constitution and the rule of law and may God bless our dear Rivers State and Nigeria.”

The Rivers State House of Assembly, during its plenary last Thursday, commenced impeachment proceedings against Governor Fubara and his deputy over allegations of gross misconduct.

The allegations against the governor include demolition of the Assembly Complex, extra-budgetary spending, withholding of funds meant for the Assembly Service Commission, and refusal to obey the Supreme Court ruling on the financial autonomy of the House.

The Assembly has maintained that the impeachment process is on course and that notices have been forwarded to Fubara and Odu, who are expected to respond to the allegations.

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