Ebonyi Assembly Clerk Writes Governor, says Speaker Wasn't Impeached
Clerk of Ebonyi State House of Assembly has cleared the air surrounding the recent reported removal of the Speaker, Ebonyi State House of Assembly, Hon. Chukwuma Nwazunku, describing the move as “illegal”.
The Clerk's letter is the first official narrative of the July 21 controversial removal of Nwazunku by a faction of the lawmakers led by Mrs. Hellen Nwobasi. Both lawmakers are claiming the Speakership of the House.
However, in a letter dated 1st August, 2014, the Assembly Clerk, Mrs. Rose Nwokporo said since due process wasn't followed by Nwobasi's loyalists, Nwazunku remained the Assembly Speaker.
The Clerk's letter, which was exclusively sourced by Pointblanknews.com, came amidst reports that four former loyalists of Mrs. Nwobasi- Honourables Chris Usulor, Frank Onwe, Ikoro Ogbonnaya Ikoro and Blaise Orji have since dumped her and reconciled with Nwazunku.
In the letter with reference number EBHA/LAD/C/2014/101, and addressed to Governor Martin Elechi, the Clerk the actions of the Nwobasi faction breached Sections 101and 92 (c) of the 1999 Constitution as well as several sections of the House Rules.
The Clerk, in the letter which was copied the State Commissioner of Police and his State Security Service counterpart, said all the steps taken by the Nwobasi group to unseat Nwazunku were flawed.
Apart from the House being on recess, explained the Clerk, the. Nwobasi group failed to get 16 members out of the 24-member House, or the two-thirds majority required by law to effect any change in the Assembly leadership.
The Clerk further called on the police to investigate the source of the mace used on the fateful day, since, according to her, the Sergeant-at-Arms never released the official mace of the House to anybody.
She urged the governor to continue to relate with Nwazunku as Speaker, and to, as the Chief Security Officer of the State, be on the guard for lawmakers who might wish to forment trouble.
The full text of the letter captioned “There is no constitutional and lawful impeachment in Ebonyi House of Assembly,” reads;
I humbly write as the Clerk and custodian of the records of proceedings of Ebonyi State House of Assembly following the rumours of the purported impeachment of the Speaker, Rt. Hon. Chukwuma Nwazunku on the 21st of July, 2014 as is reported in some of the print and electronic media.
From the records of the House, Ebonyi State House of Assembly proceeded on a month recess on the 17th of July, 2014 and the House is to reconvene on the 16th of August, 2014.
Section 101 of the 1999 Constitution of the Federal Republic of Nigeria as amended empowers the House to make its own Rules of regulating itself. This led to what the Honourable House has as its own House Rules, see Rule 4 sub-Rules 1, 2, and 3 of the House Rules, which clearly states how the House could be reconvened when on recess. This was not adhered to.
Section 92 (c) of the 1999 Constitution of the Federal Republic of Nigeria as amended provides foe the requirement of two-third majority of the members of a State House of Assembly to sign an impeachment resolution. To the best of my knowledge, this requirement was not met. Three Honourable members' signatures were forged because their consent to that effect was neither sought nor obtained. These are Hon. Vincent Mbam Nwibo, Hon. Oliver Chukwuma Nwachukwu, and Hon. (Mrs) Nnenna Nwene. Moreso, three Honourable members were on suspension even before the Honourable House went on recess. These include Hon. Frank Nwaka Onwe, Hon. Eni Uduma Chima and Hon. Blaise Eze Oji, the Deputy Speaker, to make a total of six signatures which unlawfully appeared on the purported impeachment resolution.
What this implies is that twelve members signed the said resolution.
May I remind Your Excellency that the two-third majority if twenty-four is sixteen Honourable Members. This is not in consonant with the Constitution of the Federal Republic of Nigeria as amended. (See Section 91 (c) if the 1999 Constitution of the Federal Republic of Nigeria as amended.
Your Excellency sir, Rule 69 of the House Rules is clear on how a Speaker could (sic) be impeached from office in line with Section 101 of the Constitution of the Federal Republic of Nigeria as amended.
Your Excellency, may I humbly refer you to Rule 69 (i) (ii) (iii) (iv) and (v). Rule 70 of the House Rules is explicit. It is very important to note that members of the House cannot suspend the House Rules for the purposes of impeachment proceedings.
Your Excellency, as at the time of the purported impeachment, the Sergeant-at-Arms who keeps the mace of the House did not release the mace to the House to anyone and the mace is still in his custody till date. Therefore the mace of the House is the symbol of aUthority; bringing in a new personal mace is not illegal but a criminal act.
PRAYERS:
1. That Your Excellency should note that I am the Clerk of the House and the records and the proceedings of the House are in my custody.
2. That there was no impeachment in Ebonyi State House of Assembly on the 21st July, 2014 because due process was not followed. To the effect Your Excellency, the Rt. Hon. Chukwuma Nwazunku still remains the Speaker of Ebonyi State House of Assembly.
3. Your Excellency should note that the mace of the House is still intact in the custody of the Sergeant-at-Arms of the House as required by law and there are no two maces in Ebonyi State House of Assembly. Therefore, their purported act of impeachment is completely illegal.
4. Your Excellency sir, should note that as the Chief Security Officer of Ebonyi State, you should ensure that there is no breakdown of law and order in the House of Assembly because of the desperate acts of some Honourable Members.
Respectfully submitted,
Mrs Rose N. Nwokporo
Clerk of the House
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