Legal practitioner and policy analyst, Douglas Ogbankwa, has examined the operations of Houses of Assembly across Nigeria, highlighting constitutional requirements for their composition, legislative procedures and the rights of elected lawmakers.
In his legal commentary, titled “Examining the Operations of Houses of Assembly in Nigeria,” Ogbankwa argued that Speakers of State Houses of Assembly, although leaders of their respective chambers, remain members of the legislature and are expected to operate within the limits of the Constitution and applicable laws.
He drew attention to Section 90 of the 1999 Constitution, which provides for a House of Assembly for each state, and Section 91, which provides that a State House of Assembly shall consist of not less than 24 and not more than 40 members.
Ogbankwa therefore questioned situations where Houses of Assembly have operated with significantly fewer members, citing past developments in Edo and Rivers states as examples. He maintained that constitutional provisions on the composition of legislative houses should be observed.
The legal practitioner also examined the issue of declaring legislative seats vacant without due process. He referenced judicial decisions which, according to him, underscore the importance of fair hearing and adherence to the rule of law when dealing with the status of elected lawmakers.
Another major issue addressed in the commentary was the conduct of legislative proceedings. Ogbankwa argued that the activities of a State House of Assembly, as a public institution, should be conducted transparently and in accordance with constitutional and parliamentary procedures.
He further discussed the suspension of lawmakers, citing the Court of Appeal decision in Speaker, Bauchi State House of Assembly v. Hon. Rifkatu Samson Danna, in which the court considered the rights of an elected legislator and the limits of legislative disciplinary powers. The case has subsequently been cited in wider debates concerning the suspension of elected lawmakers.
Ogbankwa maintained that lawmakers are elected representatives of their constituents and that legislative authorities must exercise their powers within the limits established by law.
He concluded by stressing the importance of respect for constitutional provisions, due process and the rule of law in the operation of Nigeria’s legislative institutions.
According to the legal analyst, strengthening adherence to established laws and procedures is essential to building durable democratic institutions in Nigeria.
By Enitan Mudashiru | MUK TV News
