Urgent Call for Constitutional Takeover: Lawyers vs. NASS in Nigeria
On Tuesday morning, more than 1,000 attorneys from all across the nation who are part of the Save Benue and Zamfara coalition petitioned the National Assembly to assume the duties of the Benue and Zamfara Assemblies.
During a nonviolent demonstration at the National Assembly building, the group claimed that internal conflicts and purported governor meddling are to blame for the two Assemblies' inability to carry out their constitutional obligations.
According to the petition, ten Zamfara parliamentarians have been suspended since February 2024, reportedly at the governor Dauda Lawal's request, for voicing concerns about the state's growing insecurity.
13 members of the House of Assembly in Benue were suspended, they said, for allegedly defying Governor Hyacinth Alia's order to suspend the Chief Judge of State.
During a nonviolent demonstration at the National Assembly building, the group claimed that internal conflicts and purported governor meddling are to blame for the two Assemblies' inability to carry out their constitutional obligations.
According to the petition, ten Zamfara parliamentarians have been suspended since February 2024, reportedly at the governor Dauda Lawal's request, for voicing concerns about the state's growing insecurity.
13 members of the House of Assembly in Benue were suspended, they said, for allegedly defying Governor Hyacinth Alia's order to suspend the Chief Judge of State.
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The coalition, chaired by Barr. Sambari Benjamin, encouraged the National Assembly to use Section 11(4) of the Constitution, which permits the parliament to pass legislation for the peace, order, and good governance of a state when the House of Assembly is unable to discharge its tasks.
The lawyers cautioned that if the problem was not addressed, it may lead to a state of emergency being imposed in the two States.
They also voiced worries that the situation would move to the National Assembly and jeopardize its stability.
In order to restore democratic governance and stability in the two states, the coalition asked Senate President Godswill Akpabio to step in immediately and assume the responsibilities of the Benue and Zamfara Assemblies.
The lawyers cautioned that if the problem was not addressed, it may lead to a state of emergency being imposed in the two States.
They also voiced worries that the situation would move to the National Assembly and jeopardize its stability.
In order to restore democratic governance and stability in the two states, the coalition asked Senate President Godswill Akpabio to step in immediately and assume the responsibilities of the Benue and Zamfara Assemblies.
Part of the petition says: "We write to ask the Senate, under your capable leadership, to step in immediately and prevent our democracy from collapsing in pieces.
We are concerned that Benue and Zamfara States may soon be placed under emergency rule unless immediate constitutional action is done to address the anomalies that exist in both states, especially after the National Assembly approved the state of emergency that President Bola Tinubu declared in Rivers State.
We are concerned that Benue and Zamfara States may soon be placed under emergency rule unless immediate constitutional action is done to address the anomalies that exist in both states, especially after the National Assembly approved the state of emergency that President Bola Tinubu declared in Rivers State.
“Our fears are that all of Nigeria’s 36 states would come under emergency rule if the Senate does not step in to demonstrate its commitment to the sustenance and protection of democracy by coming under Section 11 (4) of the Constitution of the Federal Republic of Nigeria (as amended) to take over the functions of the two Houses.
“Our request is predicated on Section 11(4) of the 1999 Constitution of the Federal Republic of Nigeria as amended, which provides that ‘At any time when any House of Assembly of a State is unable to perform its functions by reason of the situation prevailing in that State, the National Assembly may make such laws for the peace, order and good government of that State with respect to matters on which a House of Assembly may make laws as may appear to the National Assembly to be necessary or expedient until such time as the House of Assembly is able to resume its functions; and any such laws enacted by the National Assembly pursuant to this section shall have effect as if they were laws enacted by the House of Assembly of the State: Provided that nothing in this section shall be construed as conferring on the National Assembly power to remove the Governor or the Deputy Governor of the State from office.’
"President Tinubu will declare a state of emergency in both locations and suspend the assemblies if this scenario persists, at which point the National Assembly will no longer be able to assume the duties of both states' houses of assembly as required by the constitution. Only then will the National Assembly be able to approve the emergency rule that Mr. President would declare.
Furthermore, it is only a matter of time until the Senate and even the National Assembly are presented with the crises that have rendered the Benue and Zamfara Houses of Assembly inoperable. This would create a bad precedent, with the President once more using the Constitution to dissolve the legislature. The panacea is for the Senate to show the leadership needed at a trying time like this.”
Furthermore, it is only a matter of time until the Senate and even the National Assembly are presented with the crises that have rendered the Benue and Zamfara Houses of Assembly inoperable. This would create a bad precedent, with the President once more using the Constitution to dissolve the legislature. The panacea is for the Senate to show the leadership needed at a trying time like this.”
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