Lawyers numbering over 1,000 who came together from across the country under the Save Benue and Zamfara coalition early this morning petitioned the National Assembly to take over the functions of the Benue and Zamfara State Houses of Assembly.
The coalition, during a peaceful protest on Tuesday at the National Assembly complex, argued that the two houses are unable to perform their constitutional duties due to internal crises and alleged interference by the state governors.
The petition lamented that in Zamfara, 10 lawmakers have been suspended since February last year, on the instructions of Governor Dauda Lawal for raising alarm over the rising insecurity in the state.
Similarly, in Benue, they stated that 13 members of the House of Assembly were suspended for allegedly refusing Governor Hyacinth Alia’s instruction to suspend the Chief Judge of State.
The coalition, led by Barr. Sambari Benjamin, is urging the National Assembly to invoke Section 11(4) of the Constitution, which allows the parliament to make laws for the peace, order, and good government of a state when the House of Assembly is unable to perform its functions.
The lawyers warn that if the situation is not addressed, it may lead to a state of emergency being declared in the two states.
They also expressed concern that the crisis could spread to the National Assembly, potentially threatening its stability.
The coalition therefore requested the Senate President, Senator Godswill Akpabio, to urgently intervene and take over the functions of the Benue and Zamfara State Houses of Assembly to restore democratic rule and stability in the two states.
The petition partly reads: “We write to request the urgent intervention of the Senate under your able leadership to forestall the demise of our democracy in instalments. Following the National Assembly ratifying the state of emergency that President Bola Tinubu proclaimed in Rivers State, we fear that Benue and Zamfara States are on the way to coming under emergency rule unless urgent constitutional steps are taken to remedy the anomalies that exist in both states.
“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.’
“Allowing this situation to continue will end in President Tinubu proclaiming state of emergency in both places and suspending the assemblies, by which time the National Assembly will no longer be able to take over the functions these states’ house of assembly as constitutionally stipulated. By then the National Assembly can only ratify the emergency rule as would be proclaimed by Mr. President.
“Furthermore, it is a matter of time before the crises that have incapacitated the Benue House of Assembly and Zamfara House of Assembly are introduced to the Senate and indeed the National Assembly, which would make negative history with the President again leveraging the Constitution to dissolve the parliament. The panacea is for the Senate to show the leadership needed at a trying time like this.”
