: Any Decision Taken By The 4 Members Of The Rivers State Assembly Is A Gross Illegality – According to SAN Wahab Shittu
247updates.com.ngDec 16, 2023 6:17 AM

Wahab Shittu, a senior advocate in Nigeria, responded to Governor Siminalayi Fubara’s presentation of the 2024 appropriations bill to six members of the House of Assembly. Any decision made by the four members of the Rivers State House of Assembly, according to him, is a flagrant violation of the constitution. According to his argument, the state assembly can only take action if one-third of its members are present, as stipulated in Section 96, Sub-section 2 of the constitution. He claims that only 10 or 11 members make up 1/3 of the total of 31....

He said in an interview with Channels TV, ”You cannot form a quorum of any state house of assembly without having 1/3 members present. That is section 96, subsection 1. Section 96 subsection 1a says that if you want the inaugural sitting of a state house of assembly to be properly constituted, it must be 2/3 of the members. Section 962 says that there is no action of the state assembly that can be competent except if you have 1/3 of the members.

The question to ask is what is 1/3 of 31? Of course, it’s above 10 and less than 11. So clearly, any decision taken by the four members of the Rivers State House of Assembly is a gross illegality. The question we should ask is, do we have a culture of impunity taking place in Rivers? Of course, it is. And this is not to take sides with anybody. The best way to be able to resolve this issue is to resolve it by reference to the Constitution. So four members of the Rivers state House of Assembly cannot take any decision
https://247updates.com.ng/breaking-any-decision-taken-by-the-4-members-of-the-rivers-state-assembly-is-a-gross-illegality-according-to-san-wahab-shittu/

Not all SANs are smart. Some SANs are commercial property lawyers, others are specialist in criminal law, while some others are constitutional laws specialists. How many political cases has this Wahab Shit won?

Now let's see if he makes sense afterall. If 25 lawmakers die in plane crash out of 30, them the state will grind to a halt because the remaining 5 do not make 1/3 of 30?

The 5 recognized by law sat and expelled the 25 RSHA members for defecting to another party. The defectors subsequently lost their seats, just like those that died in a plane crash scenario. Hence to form a quorum, you need 1/3 of 5, but in RSH you have 100% attendance after declaring vacant to seats of the 25 defectors.

There are SANs and there are SANs. Instead of wasting time with one Wahad, get a constitutional lawyer to educate you.

In the eyes of the law, Rivers state house of assembly have just 5 members

Agbado lawyer don surface

Stop deceiving the arrant lawmakers. The Minority in the Edo Assembly had their way because of a miscalculated step taken by the majority lawmakers.

The subsisting Court Order recognized the Rivers State Minority Caucus and instead of appealing the decision of the lower court, they committed the unpardonable sin of defecting to APC against the Constitution and laws of Nigeria. Those former House members are no more legislators.

It is good
One day we will see the same in Abuja
Any day they try to impeach the president

APC LAWYER EVERYONE KNOWS HIM

By hearing the name you will know that the man is a fool. I wonder who give him SAN.

Validated:
Not all SANs are smart. Some SANs are commercial property lawyers, others are specialist in criminal law, while some others are constitutional laws specialists. How many political cases has this Wahab Shit won?

Now let's see if he makes sense afterall. If 25 lawmakers die in plane crash out of 30, them the state will grind to a halt because the remaining 5 do not make 1/3 of 30?

The 5 recognized by law sat and expelled the 25 RSHA members for defecting to another party. The defectors subsequently lost their seats, just like those that died in a plane crash scenario. Hence to form a quorum, you need 1/3 of 5, but in RSH you have 100% attendance after declaring vacant to seats of the 25 defectors.

There are SANs and there are SANs. Instead of wasting time with one Wahad, get a constitutional lawyer to educate you.

Wahab Shitti probably is out of touch with the current realities in Rovers state.

We saw 27 out of the 32 decamping from the party that sponsored them. They claimed that PDP has factionalized, which was absolutely incorrect. Going by the Supreme Court, the moment they decamped, they lost their seats automatically. How would Wahab Shittu claim ignorance of this.

The state must move forward with the remaining members who are five. Did they form a quorum? Did the remaining members form a quorum on the day? That’s what he must tell us honestly.

Rivers matter don tire me.

Make Wike dey him dey, make Fubara dey him dey

Validated:
Not all SANs are smart. Some SANs are commercial property lawyers, others are specialist in criminal law, while some others are constitutional laws specialists. How many political cases has this Wahab Shit won?

Now let's see if he makes sense afterall. If 25 lawmakers die in plane crash out of 30, them the state will grind to a halt because the remaining 5 do not make 1/3 of 30?

The 5 recognized by law sat and expelled the 25 RSHA members for defecting to another party. The defectors subsequently lost their seats, just like those that died in a plane crash scenario. Hence to form a quorum, you need 1/3 of 5, but in RSH you have 100% attendance after declaring vacant to seats of the 25 defectors.

There are SANs and there are SANs. Instead of wasting time with one Wahad, get a constitutional lawyer to educate you.

to answer your analogy of if 25 lawmaker dies.. Yes the constitution has a provision for that.. The national assembly takes over the responsibility of the state house on the case of state assemblies till election is held to fill the vacant seats, in the case of National assembly if any event should happen and 2/3 of the members of the national assembly lose their seats.. The house will go into automatic suspension till election is held.

I really don't understand the reason why the governor has to present budget to four members who cannot form a Quorum.. I also do not understand why on earth the 27 lawmakers mumu reach declare for ApC when no one was chasing them, what kind of asslicking were dey doing to shoot themselves on the foot when they had the upper hand before.. Plus what did the Governor do to warrant impeachment.. They must define Gross misconduct, you can't just accuse someone of gross misconduct without stating which conduct he violated.. It's sicking.