Why The Cross River State House of Assembly Is Rubber Stamp, Okoi Obono-Obla
Editor
Posted On Mar 31, 2016
My People , I just read with disbelief and great curiosity in the Daily Trust Newspaper of today the 31st March 2016 , a story titled “Ayade Returns After Two Months” online in which the Speaker of the Cross River State House of Assembly, Mr John Lebo was quoted to have said that the absence of Governor Ayade from the State for two months without complying with Section 190 (1) of the Constitution of the Federal Republic of Nigeria,1999 (as amended) is a moral issue not a constitutional infraction.
With due respect, I submit that the reasoning of Mr Speaker is perverse and outrageous.
How can Mr Speaker in his conscience justify such serious breach of the Constitution by Governor Ayade! I wonder aloud if there is truly a House of Assembly in Cross River State! How on earth can the Speaker open his mouth and say that the long absence of Governor Ayade without his transmission of a written declaration to the Speaker of the Cross River State House of Assembly that he would be unable to discharge the functions of office as a result of his temporary absence giving way to the Deputy Governor to assume office as Acting Governor ; is a moral issue not a constitutional breach! I shudder at such reasoning!
It is beyond dispute that Governor Ayade was absent from the State and could not discharge the functions of his office for two months and the Speaker is trivializing such egregious infraction of the Constitution! Mr Speaker read Section 190 subsections 1 & 2 of the Constitution of the Federal Republic of Nigeria,1999 (as amended)!
Section 190 subsection 1 of the Constitution of the Federal Republic of Nigeria (supra) provide thus : ” Whenever the Governor is proceeding on vacation or is otherwise unable to discharge the functions of his office, he shall transmit a written declaration to the Speaker of the House of Assembly a written declaration to the contrary, the Deputy Governor shall perform the functions of the Governor as Acting Governor “.
It goes without saying that Section 190 subsection 1 of the Constitution of the Federal Republic of Nigeria (supra) contemplates two things thus: 1. Whenever the Governor is proceeding on leave; Or 2. Is otherwise unable to discharge the functions of his office. Governor Ayade did not say he was proceeding vacation but he was otherwise unable to discharge the functions of his office due his temporary absence. I further commend Section 190 subsection 2 of the Constitution of the Federal Republic of Nigeria (supra) which stipulates thus : “in the event the Governor is unable to or fails to transmit the written declaration mentioned in subsection ( 1) of this section within 21 days, the House of Assembly shall, by a resolution made by a simple majority of the vote of the House mandate the Deputy Governor to perform the functions of the office of the Governor as Acting Governor, until the Governor transmit a letter to the Speaker that he is now available to assume his functions as Governor “!
It is an incontrovertible fact that Governor Ayade failed to transmit a written declaration to the Speaker of the House of Assembly that he would be able to discharge the functions of his office for two months! Undoubtedly if the Speaker of the Cross River State House of Assembly was alive to the responsibility vested on him by Section 190 subsection 2 of the Constitution of the Federal Republic of Nigeria (supra) he should caused the House of Assembly to sit and pass a resolution by a simple majority after Governor Ayade was absent from the State for 21 days ( without transmitting a written declaration to the Speaker that he would unable to discharge the functions of his office) . The Speaker was talking absolute hogwash! His fence of Governor Ayade is wishy washy and balderdash!
The truth of the matter is that the Cross River State House of Assembly has abdicated it constitutional responsibilities as a watch dog, checker and balancer of the executive branch of government! The Cross River State House of Assembly has become a rubber stamp of the executive! It is a shame !
Okoi Obono-Obla. ?
