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On 22 May 2024 ,something that startled political pundits happened in the Cross River State when the people were hit with the breaking news that the Speaker of the House of Assembly has been removed.
However rumour mongers started speculating that because the removed Speaker was not replaced the removal of the previous speaker would not stand .
There is No Rule in the Rules and Regulations of the Cross River State House of Assembly that says when the Speaker of the House of Assembly is removed ,another Speaker must automatically with alacrity elected to replace the one removed.
The Cross River State House of Assembly is independent and indeed a sovereign.
Its proceedings are internally regulated by the Assembly.
Therefore the insinuation that the removed Speaker remains in office because another Speaker was not elected on 22 May 2024 when he was removed upon a resolution signed by 17 members is bunkum and constitutionally a balderdash.
four and not more than forty members.
Section 92 (1) and (2) (a)(b) and (c) of the Constitution of the Federal Republic of Nigeria,1999 provides as follows:
(1) There shall be a Speaker and a Deputy Speaker of a House of Assembly who shall be elected by the members of the House from among themselves.
(2) The Speaker or Deputy Speaker of the House of Assembly shall vacate his office –
(a) if he ceases to be a member of the House of Assembly otherwise than by reason of the dissolution of the House;
(b) When the House first sits after any dissolution of House; or
(c) if he is removed from office by a resolution of House of Assembly by the votes of not less than two-third majority of the members of the House of Assembly
Section 92 (c) (c) of the Constitution is very explicit,the Speaker stands removed from office if he is removed by a resolution of votes of not less than 2/3 of the members of the House of Assembly.
In other words,the Speaker or Deputy Speaker shall vacate his office in three circumstances namely:
(a) when he ceases to be a member of the House of Assembly;
(b) the House sits after dissolution;and
(c) If he is removed by a resolution of votes of not less than 2/3 of the members of the House of Assembly.
Finally ,there is no vacuum in the Cross River State House of Assembly because the Deputy Speaker is still in office as he was not affected by the removal Speaker.
Section 95(1) and (2) of the Constitution is handy and therefore comes into aid.
Section 95 (1) and (2) of the Constitution provides as:
(1) At any sitting of a House of Assembly, the Speaker of that House shall preside, and in his absence the Deputy Speaker shall preside.
(2) In the absence of the Speaker and Deputy Speaker of the House, such members of the House as the House may elect for a purpose shall preside.
In the light of the above,there is no vacuum whatsoever in the leadership of the Cross River House of Assembly presently.
The Deputy Speaker will preside over the House whenever it reconvenes and a new Speaker will be elected there after.
@ Okoi Obono-Obla
Disclaimer: The opinion expressed in this article is strictly that of the author, Okoi Obono-Obla and does not represent TheLumineNews or its agent or the organization the author works for.
