From Alice Onukwugha, Port Harcourt

The Rivers State Government has given the reason behind the demolition of the State Assembly Complex, citing integrity failure.

Residents of Port Harcourt, the Rivers state capital  woke up early morning Wednesday to the demolition of the Assembly complex.

But in the midnight of Oct. 28, the chambers were attacked with dynamites by yet-to-be identified arsonists in the wake of moves by the Assembly to serve impeachment proceedings on the state governor, Siminilayi Fubara.

In a press statement released in Port Harcourt by the Commissioner for Information and Communications, Joseph Johnson, the state government explained that the decision was taken after several consultations.

The statement explained: “The decision to demolish and rebuild the Rivers State House of Assembly Complex was due to the structural defects which arose mainly as a result of the recent explosion and fire incident which rendered the main building unfit for human use.

“After the visit of the governor to inspect the level of damage done to the building on the day of the fire incident, it became necessary to invite professionals to advice the government on the integrity of the building.

“It would be recalled that on the night of the attack on the complex, explosive dynamites were used to attack the complex which shook it to foundation.

“There were visible cracks on the walls afterwards, and the entire structure looked frail and unsafe for legislative business.

“After the assessment of the integrity of the complex, the experts warned the government that continuing to use the building in its present state would be disastrous.

“Government had tried all cost saving measures towards repair of the complex until it bowed to superior view of rebuilding the complex to a more befitting edifice.

“In the interim, the Rivers State Government has provided an alternative venue for the House of Assembly to conduct their affairs pending the rebuilding of the complex.”

Meanwhile the Rivers State Governor, has presented a  budget proposal of N800.3billion for the 2024 fiscal year before the State Assembly led by the factional Speaker, Edison Ehie, sitting in Government House as an alternative meeting venue.

The N800.3bn budget proposal christened “Budget of Renewed Hope, Consolidation and Continuity” earmarked N412bn for capital expenditure, N361bn for recurrent expenditure and the sum of N128bn for key infrastructures.

Residents who spoke to Daily Asset expressed mixed reactions over the demolition of the Assembly complex.

A Legal Practitioner Chuks Uguru regretted that political crisis would affect a structure that was constructed with tax payers’ money.

He also delved into the constitutional implications of the defection of the 27 lawmakers and as well the governor’s decision to present a budget before a minority number of the Assembly.

He said, “What is happening in the state is worrisome, disturbing and at the same time embarrassing. It is not a thing that should happen in any civilized nation but regrettably that is the situation we have been confronted with.”

He noted that the situation ought not to have degenerated to this point as the 1999 constitution (amended) has already provided ways to address lawmakers who defect to other parties.

Uguru cited section 109 of the 1999 constitution which deals with the defection of lawmakers to another party and the consequences of such defection.

He said though the section did not set out the instances where a member of the state House of Assembly can lose his seat, the Court of Appeal Court has gone ahead to give interpretation.

 “(1)(g) of that section 109 says that a member of the House will lose his seat if he becomes a member of another political party other than that party which he was elected during the subsistence of his tenure.

“That’s what has happened here. The 27 legislators said they have left PDP and defected to the APC, automatically by that provision, they ought to have lost their seats but that is not the end of the constitutional provisions.

“That section said that defection or cross-carpeting may be justified in the sense that they don’t lose their seats if there is a division in the political party that elected them or there is a merger between that political party and another political party, then their position can be saved.

“But again, the constitution has not defined what it meant by division within the political party.

“To this end, the interpretation given by the Court of Appeal is that the division must be of such a nature that there is complete polarization of the political party in the sense that the political party can no longer hold.

“You have a complete division, two or more factions, each of them parading a chairman of their own faction, each of them parading their own Board of Trustees that is when you can say that there is division.

“Again, division cannot be within the persons of the state faction of the party, it must be a national division, or nationally the party fabrics have been torn down, they cannot be together again. 

“These are the interpretations that the Court of Appeal has given in the case of Delta State House of Assembly and the Peoples Democratic Party (PDP) and also that of Ondo state House of Assembly.

“Then the case in Rivers State cannot be justified by the situation, simply because the officer to give effect to the provision of section 109(1)(g) is the presiding officer who is either the Speaker of the House or his Deputy, but in this case, the Speaker, his Deputy in conjunction with 25 others have jumped ship, so who will give effect to the provision of the constitution,” he queried.

He described the development in the state as a constitutional aberration which cannot be justified under any guise.

On whether the Rivers State government relied on the interim order it secured on Tuesday to demolish the structure, Uguru said, “The bomb which exploded in the complex affected only a section of the facility, but since the court failed to give any interpretation to the word Renovation anything can be done under the gap.”

He lamented that Nigerians are being held hostage by unconscionable politicians.

On the call to sanction the judge who granted the interim over order by APC Caretaker Committee Chairman, Chief Tony Okocha, the legal practitioner said, “The order I saw on the subject matter was Experte and that’s worrisome.

“I think that those reserves granted are too weighty to have been granted Experte. I would have thought that it would be more agreeable to put the other side on notice, so that the both parties could be heard before any decision would be made.

However, he has his discretion to make orders. And if anyone thinks it is not right, that is why there is room for appeal.

“Again, I have not read the facts of the case, what I saw was the order made, I do not know the facts that were presented before him.”

On the presentation of the 2024 appropriation bill before four out of 31-member House, he posited, “Constitutionally and legally speaking, four members of a state House of Assembly that has over 30 members cannot conduct such legislative business.

“The constitutional provision is that all such businesses must be done by two-third majority of the House of Assembly, the worse case scenario is 1/3 in some situations.

“But whether four members will constitute majority is left for the world to give interpretation.

“However, if they are proceeding on the ground that 27 members have already lost their seats, well…” he stated.

John Iyowuna who hails from Okrika Local Government Area of the state said, “We’re in support of the demolition of the state House of Assembly.

“The structure is old and has not been maintained since it was built. We need something better and befitting of the state as the Treasure Base of the Nation.

“That’s why when I was called up I decided to come and witness the demolition exercise. I abandoned what I was doing and rushed down here.

“This is a confirmation that Governor Fubara is really working to uplift the state, we’re in support.”

Also, the President of Ijaw Women in the state, Sarah Gbelagbor called for peace in the state to enable the governor bring the needed development to the people.

“I received a call that the assembly is being demolished and I rushed down to see if the House of Assembly is really going down and truly it is.

“Come to think of it, the Rivers State House of Assembly is old, we need a new place for the House of Assembly to be sitting, a befitting place.”We don’t need problems, we need peace in Rivers State, anybody that wants problems should take it to their house,” she stated.