HOUSE OF REPRESENTATIVES FEDERAL REPUBLIC OF NIGERIA

NATIONAL ASSEMBLY DEBATES

FOURTH ASSEMBLY
First Session

HOUSE OF REPRESENTATIVES
OFFICIAL REPORT

HOUSE OF REPRESENTATIVES
FEDERAL REPUBLIC OF NIGERIA

Thursday, 24th June, 1999
The House met at 11.30 a.m.

PRAYERS

(Mr. Speaker in the Chair)

Mr. Speaker: Hon. Members, good morning. I want to most sincerely apologise for coming late. This is as a result of our putting finishing touches to the lists of Members that were put into their various Committees. We have adjourned all subsequent lists. Thank you.

OATHS

I call on Members who have not taken their Oaths to please come forward. (No response)

VOTES AND PROCEEDINGS

I have examined and approved the Votes and Proceedings of Wednesday, 23rd June, 1999.

ANNOUNCEMENTS

Meeting of AD Members

There will be a meeting of the Alliance for Democracy (AD) Members immediately after this sitting at the usual venue.

Signed: Party Whip

Emergency Meeting of Osun State Members

There will be an emergency meeting of Osun State Members of the House of Representatives in this Chamber immediately the House adjourns.

Signed: Dr. A. A. O. Idowu

Meeting of all APP Hon. Members

There will be a meeting of all APP Hon. Members from the North-West Zone immediately after this morning session at the Committee Room behind this Chamber.

Signed: Hon Sule Yari Gandi

Complaints on the Pasted lists

Hon. Members that have complaints with reference to the list being pasted by the Selection Committee in terms of typographical errors of their names or names not appearing up. to three or four times if a Member is serving on any of the Special Committees or where a Member's name appears more than three times, he should please send his complaints in writing and address it to the Chairman of the Selection Committee. We have opened a Secretariat in the Selection Committee Room and some Members will be there after this Session to look into your complaints.
Hon. Members, there are seven Motions on notice on the Order Paper awaiting maturity. Under Motions of the day, there are two Motions for consideration by the House. The first Motion is standing in the name of the Leader of the House, (Hon. Mohammed Wakil).

MOTION

Special Committee on Anambra State House of Assembly

Hon. (Barr.) Mohammed Wakil (Damboa/ Gwoza/Chibok): Mr. Speaker, Sir Distinguished hon. Members, I beg to move that:
Whereas the 19 Members of the Anambra State House of Assembly have written the Speaker of the House of Representatives asserting the inability of the Anambra State House of Assembly to perform its legislative functions, and whereas by virtue of Section 11(4) of the Constitution, the National Assembly is empowered to make laws for the peace, order and good governance of a State when the State Assembly is unable to perform its functions by reason of a situation prevailing in that State.
Be it resolved and it is hereby resolved that "A special Committee he set up to investigate and report to the House within seven (7) days whether the Anambra State House of Assembly is unable to perform its functions for the purpose of enabling the National Assembly to make laws for the peace, order and good governance of Anambra State with respect to matters on which the Anambra State House of Assembly may make laws. I hereby move.

Hon. Mohammed Kumalia (Maiduguri Metropolitan): Mr. Speaker, Sir, I stand here today to second the Motion moved by the House Leader for the purposes of interfering in the crisis that has set into the Anambra State House of Assembly by virtue of some Executive interference and has reportedly been meted out to them. Mr. Speaker, Sir, we are all aware of what is happening in the Anambra State House of Assembly.

Mr. Speaker: Hon. Member, sorry, just second the Motion. Hon. Wakil, can you please comment on the Motion.

Hon. Mohammed Wakil: Mr. Speaker, Sir, Hon. Members, time has come that politicians in this country should learn from the past mistakes. We have suffered over the past 16 years. Mr. Speaker, distinguished hon. Members, we cannot allow the military to come in again.
Mr. Speaker, Sir the doctrine of Separation of Power is enshrined in the Constitution of Nigeria. What I mean by that is that, the Legislature should be allowed to perform its duties. The Executive and the judiciary should also be allowed to perform their functions. Where there is interference, I am afraid, we also can be victims.
Mr. Speaker, Sir, hon. Members, this issue is very clear. There is no need to refresh the minds of hon. Members here that the case of Anambra State has become a national problem. It is there in the news, both in the print and electronic Media, that there is interference In the affairs of the Legislative arm of Government in the process of selecting their Leaders. Mr. Speaker, Sir it is time that we live by example and learn from past mistakes. There is need for us to interfere where we have a problem of checks and balances that cannot be effectively carried out. Mr. Speaker, Sir, my Motion is very clear if we are to go by the 1999 Constitution of the Federal Republic of Nigeria, by virtue of Section 11 (4) and I hope my hon. Members are following me.
Mr. Speaker, Sir, I would have loved to read the Section but there is no need to waste the time of this honourable House. I want to put it on record, going by that section, that where we find that there is no House to conduct the affairs or the business of the State, it is the duty of this honourable House to intervene and carry out that assignment. We are not saying that the House should go and usurp the functions, what we are saying is that, up till today, Anambra State has no House of Assembly.
We want this House to take it as a duty to please, go there, ascertain and find out exactly what is happening, for we cannot allow Anambra State to suffer, we have to intervene.
Mr. Speaker, Sir, you will agree with me when nineteen-member delegate came to your office with a save-our-souls letter; we cannot sit down. We know this House has been given credit that we are moving. It is also our duty to find out what is happening in other Houses. It is in the best interest of this House. Without taking the time of this honourable House, the Motion based on Section 11, Sub-section 4, I want to ask this honourable House to one, ask the authorities to make a law for Anambra State pending when the Legislative arm of Anambra State will be constituted.
Two, Ask this honourable House to constitute a Special Committee, led by a high powered delegation of this honourable House, if need be, by the Speaker, to go and ascertain exactly what is happening and intervene and sort of save our brothers in Anambra State.
So, Mr. Speaker, I urge that, based on the strength of the letter that had been written to the Speaker, and the strength of the delegation that came to this honourable House, we should save their souls.
I stand to move, Mr. Speaker.

Hon. Mohammed Umara Kumalia (Maiduguri Metropolitan): Mr. Speaker, Sir hon. Members, I think the House Leader has almost said it all. I want to bring to the notice of this honourable House that since this problem in Anambra State has gone to a levei that no educated average Nigerian would say he does not realise this problem, I think this move should have been initiated from this House in the first instance. But now that we have left it to the Anambra State Legislators to ask for our help, I think we should not waste further time to try to see that this problem is solved. We have to lead by example; we have to set the example, we have to show the world that we are serious and that we are ready to take the bull by the horn.
Therefore, without wasting much time, I urge this House to, please, pass this Motion so that a highpowered delegation could go and ascertain this problem, and if need be, proffer solutions with immediate effect.
Thank you, Mr. Speaker.

Mr. Speaker: Are there comments for the motion?

Hon. (Dr.) Abubakar Shehu Matazu (Musawa/ Matazu): Mr. Speaker, Sir, Hon. Members, while I strongly support this Motion, I want to add that the Committee that this House will constitute should not only be an Investigation Committee, but it should also be an Election/Observer Committee, so that the election of ad the principal officers of the Anambra State House of Assembly could be conducted while the Committee is there. So that we know what is happening and so that the election could be accepted nation-wide.
Thank you, Mr. Speaker.

Hon. Bertram Maduka Efobi (Nnewi North/ Nnewi South/Ekwusigo): Mr. Speaker, Sir, this Motion is a friendly and a harmless Motion. It is not trying to assign blame. It is a request that a Committee be set up to investigate. So I do not think Members would be against the Motion. We are not blaming any person, we are not apportioning blame; we are not passing judgement; we are only requesting that an Ad-Hoc Committee be set up to investigate and report whether the Anambra State Legislature is working or not. Some of us know the story behind what is happening in Anambra State. As has been pointed, the Executive has been trying to emasculate the Legislature, trying to foist on the Legislature a Speaker, which they do not like. So, majority of the Members of the State House of Assembly, about two-thirds, came here with a letter to the Speaker, appealing to him to come and help them. Since we' do not want to pre-empt the situation there, we are saying that an Ad-Hoc Committee be set up to investigate and report back to us.
I plead with Members to please approve this Motion, so that peace will be restored to Anambra State House of Assembly.
Thank you, Mr. Speaker.

Hon. Dauda Garba Bundot (Dass/Tafawa Balewa/Bogoro): Mr. Speaker, Sir Hon. Members, I stand in support of this Motion. I will like to say that today, Hon. Tony Anyanwa is vindicated. He brought a similar Motion, but he was shouted down. The situation in Anambra State is a situation whereby elephants are about to fight, and green grass is living in fear of anything that can happen. Why should we wait for such a thing to take place? The situation can degenerate, it can escalate into a dimension that we may not be able to control.
So, I will like this honourable House to go to any extent that the law permits to make sure that this is checked. While I am in support of the composition or the constituting of a high-powered Committee over this thing, I would like to bring one thing into our attention, and that is that we cannot overrule the possibility of some of our Members from that State taking sides with any of the factions there. So I will not like to see this Committee consisting of Members of that State being part of the Committee, so that when the Committee comes up, we are going to have a very objective report. (Applause)
Thank you, Mr. Speaker.

Hon. Mao A. Ohuabunwa (Arochukwu/Ohafia): Mr. Speaker, Sir, Hon. Members, first and foremost, let me clarify what my friend has just said. As far as this Motion is concerned, it has come at the right time. What we said before was that the Motion came at a premature period. Now that 19 Members of Anambra State House of Assembly came here yesterday, had audience with the Speaker and requested this Honourable House to intervene, the House has the constitutional power to make laws that will lead to good government, maintain peace and order in this country. We also know that there is no democracy without the Legislative arm. Prior to this time, whether in an autocratic government or whatever government, what had always been missing is the Legislature which, as far as I am concerned, is the true democracy and this is a test case. We cannot fold our hands and see this democracy we are nurturing being derailed at this premature age.
So, I am strongly moving to support all that had been said about this Motion. We all are aware, we have read in the papers, and luckily yesterday we were opportuned to hear from some Members of the Assembly. I am supporting this Motion saying that we have the Constitutional power to do what we are doing. Let us set up this Committee, and since we have already released the list of the Committees, let us pass it immediately to the appropriate Committee whose duty it is to handle this case and give them all the fiat they require to make sure they go on, investigate, appease, maintain and if possible like my brother said, sit down there for a few days and make sure that all the factions are reconciled and make it clear from now onwards that the Executive should know that the Legislature is an independent arm of its own and they have no right to interfere in our day to day running or in electing our officers. Thank you very much.

Hon. Rev. Issa Ibrahim Bio (Baruten/Kaima): Mr. Speaker, Sir, Hon. Members, this Motion is very timely. It is timely in the sense that we are all nurturing democracy in this country and I would like this House and indeed the whole country to realise that there are only two parties in this country, the military and we the politicians. We, the politicians give opportunity to the military to come back. They are waiting and we cannot allow Anambra State to form the nucleus for the military to come back.
Mr. Speaker, Sir, I will therefore suggest that since we have already formed Peace and Reconciliation Committee and it is in place, I will advise this honourable House, instead of forming a Special Committee to refer this issue to the Peace and Reconciliation Committee. Secondly, it was in the Papers yesterday, Mr. Speaker, that Dr. Alex Ekueme has also intervened in this matter. It may be appropriate for us to coopt him so that he can lead our delegation - (Interruption)

Some Hon. Members: No, No.

Hon. Ibrahim Bio: Mr. Speaker, Sir, the international community is watching and we cannot afford to delay at this early time.
Thank you, very much.

Hon. Ehiogie West Idahosa (Ovia North East/ Ovia South): Mr. Speaker, Sir, I rise to support this Motion for two reasons. First, this Motion is about to make history, it is about to set for us a legislative precedent ever known before in this country. We are about to demonstrate by this Motion that there is law and order in the Federal Republic of Nigeria and that no matter how highly placed you are, you are subject to the Constitution of this country.
Mr. Speaker, Sir, the Constitution is clear on this. The question, therefore, is what is the modus for implementing this very serious responsibility? Looking at the Rules of this honourable House, I do believe that this is one of the areas of the jurisdiction of the States and Local Government Committee, but because of the very sensitive nature of this matter, Mr. Speaker, I would humbly suggest that in the event that the House decides to set up this Committee that this Committee be headed by Mr. Speaker to send a strong message that the House of Representatives is determined to restore law and order in Anambra State (Applause)
Mr. Speaker, Sir, hon. Members, I also want the House to adopt this Motion unanimously in order to defend the established rules of the independence of the three arms of government and to send a signal to all those in the other arms of government who may wish to take this Constitution for a ride, that until this Constitution is amended, it is in force and we would protect it jealously using all the powers available to this House as the highest law-making body in this country to keep law and order.
Thank you, Mr. Speaker. (Applause)

Hon. (Barr.) Abdullahi Idris Umar (Yamaltu/ Deba): Mr. Speaker, Sir, distinguished Colleagues, I rise to support this Motion because it is well founded. It is a Motion that touches on the provisions of the Constitution. I believe, the Anambra State Government and the people of Anambra State are suppose to see the light of democracy of governance. Having received a Report from 19 Members out of the 30 Members of that Assembly that the House is unable to perform its Legislative functions, this House as the other Chamber of the National Assembly, has a duty to initiate moves to take over the legislation of the State.
Mr. Speaker, Section 11, Subsection 4 has made it very clear that in the event that any House of Assembly is unable to, perform its function, this august House is empowered to take over the legislature. The question now is, what steps are we supposed to take? I support the Motion that a high-powered Special Committee be set up first, to establish the allegations contained in the letter signed by the 19 Members, that yes, the Members of the Anambra State House of Assembly are unable to perform their Legislative functions. That Is the first task for this House. We should establish that as a matter of fact. Thereafter, we should come back and then take the next Constitutional procedural step.
Mr. Speaker, distinguished Colleagues, I therefore support this Motion. It is well founded and I urge this honourable House to pass and adopt it.

Mr. Speaker: Thank you, hon. Umar. I would take arguments against the Motion.

Hon. Ibrahim Abdullahi (Sabon Gari): Mr. Speaker, Sir, I stand to oppose the Motion because charity, they say, begins at home. If we want to exercise our fundamental human rights, and we want to exercise the provisions of the Constitution, we should start from home.
I have given you a notice that the President, Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria, is equally doing the same thing by the institution of the various panels; because they are against Section 88(1&2) of the same Constitution, and we have not put our house in order. How can you leave your house burning and go outside to aid others? Mr. speaker, Sir, let us do the first thing first.
Thank you. (Applause)

Hon. Augustine U. Obozuwa (Etsako East/ Etsako West/ Etsako Central): Mr. Speaker, Sir, Hon. Members, an earlier speaker has mentioned that this is a grave precedence and we should weigh it seriously. First of all, we must distinguish between law making and enforcement. We do not have the powers of enforcement. If we make laws for the Anambra State House of Assembly and evoke the powers conferred under section 11(4), that is, to make laws for the enforcement peace and good governance, we are not the ones to enforce it. It is the executive that will enforce it. That fundamental distinction must be made.

Hon. Anthony F. A. U. Okeke (Ihiala): Point of Order, Mr. Speaker, Sir. The last speaker is saying that we do not have the powers to -

Mr. Speaker: You are raising a Point of Order when an bon. Member is contributing to a debate?

Hon. Okeke: Yes, Mr. Speaker. The point of Order is that this Legislature has powers under Section 88 of the Constitution.
(Interruptions) This is the Point of Order, please, can you listen to me? We have the powers under Section 88 of the Constitution to constitute an Investigative Panel into what is happening in Anambra State and if you do not mind, I will read the provision of that Section.

Mr. Speaker: Can you please sit down? Your Point of Order is out of Order, please.

Hon. Obozuwa: Thank you, Mr. Speaker. The proceeding under Section 88 is different from the proceedings under Section 11(4). They are two different things. Under Section 88, this House has power to invite people when we are investigating for the purposes of legislating. So, it has nothing to do with Section 11(4) of this Constitution, which one might call a break down of law and order in that place or what looks like it in Anambra State. What I am saying is that the person who can enforce what we want to do is Mr. President. Therefore, if it is a Motion we are making, we must involve him because if we are just going to make as exploratory search as to what is the cause of this problem, we cannot sit here and decide to go to Anambra and say "Conduct the Election". But we can influence Mr. President to get in touch with the Police and provide a safe atmosphere for the Anambra State House of Assembly to conduct its election in a democratic manner. Now, if we want to go to Anambra State where we are being told that the Governor and the majority of Members in the House are involved in the crisis, how are we sure of the safety of the Members who are going ? The Governor is the law enforcement officer in Anambra State. So, my suggestion, Mr. Speaker, Sir, and this Is why I am against the Motion under discussion is that unless it is just an exploratory mission to go and find out; we must involve Mr. President who has the Law Enforcement officers at. his disposal so that he can call them and the. Governor to settle this matter and, not by enforcement. We have no enforcement, power.
Thank you.

Mr. Speaker: Thank you,

Hon Prince Nicholas Ukachukwu ( Abuja Municipal Area Council/Bwari): Point of Information, Mr. Speaker. The information I want
to give this honourable House is that in as much as the majority of the Legislators, which, by democracy have the right to change put in place or turn anything the way they feel, but they cannot do that if they have not been sworn-in.
The problem in Anambra State which I want to explain and which will guide us in whatever decision we are going to take, is that there are two factions which started on the , day of the Governor's inauguration. During his inaugural speech, which every other Governor did, he made mention that he will probe Contractors. The Contractors then went and solicited the support of some lion: State Assembly Members while the Governor also had some Member who stood by him.

Mr. Speaker: Hon. Ukachukwu, with all due respect, this is a National Assembly in which we are Members and as Legislators, I do not think we should insinuate that some Contractors are taking care of our colleagues who are also Legislators. I will not accept that. will only accept arguments against the Motion.

Hon. Enwewuzor Eze Anthony (Aba North /Aba South): Mr. Speaker, Sir, I have read through this Motion and it is not that I am against peace in Anambra State, but I would want to call the attention- of those of us who are old enough to remember what happened in the Western Region in 1964. The Federal House of Representatives decided to set up an Emergency Government there and it failed because they lacked enforcement power. That led to the Western Nigeria Crisis then and many of us will remember that it was that crisis which led to the numerous crisis that brought the Army to over throw the first civilian government in this country.
The root cause of this problem needs to be explored and I believe and I know, being and Ibo man, that. Anambra State has one of the richest cultures in Ibo land. They have respect for elders and can handle this issue, if there is the will without the Interference of , the Federal House of Representatives.
Again, Anambra State, from observation, has the cream of people, in the political Party that is controlling that State. We trust get to the root cause of this problem. The problem is not being unable to elect a Speaker but finding out why it is impossible to elect a Speaker. That is not what we can enforce.
I believe that a number of lion. Members from Anambra State in this- House can, 'first of all, go home, call on the Governor, have a good meeting with him so that they can easily resolve the problem. Even if we conduct election: there, there will be. no co-operation and that .means we are :going back to the same circle. How many times are they going to come back here? What I will strongly suggest is that the Hon. Member here, with the, party hierarchy, should go to Anambra State and try to solve this problem from its fundamental cause before bringing it to this House.
Thank you, Mr. Speaker. (Applause)

Mr. Speaker: I want to take point' against the motion.

Hon. Mohammed Wakil Damboa/Gwoza/Chibok): I have a Point of Order. Mr. Speaker, Sir, it is Order 15 rule 11 and with your permission, I would like to read it. The order has already given me power to reply in as much as we expect views from the opposers. Let me come in as the mover of this Motion to clarify it a little bit for the benefit of some hon. Members who do not understand my Motion. It is not that we are going there to enforce the Law.

Hon. Eno Sampson Akpan (Ukanafun/Oruk Anam): Mr. Speaker, Sir, I have a Point of Order.

Mr. Speaker: What is your Point of Order?

Hon. Eno Sampson Akpan: My Point of Order 51, Rule 11 which reads:

No member shall speak more than once to the same question without leave of the House, unless he be the mover, proposer or introducer of the matter pending, in which case he shall be permitted to speak in reply, but not until those chosen to speak shall have spoken.
Like the hon. Leader of the House said that he has the right to reply but only after the Speaker have spoken. He can reply for or against but I will like the hon. Speaker to ask my hon. Colleague to hold on so that I can give him more Information. Hon. Mohammed Wakil : I thought Mr. Speaker was rounding up, that was why I sat down.

Hon. Eno Sampson Akpan: It is not that this Motion is not serious but that is part of democracy. I want to support my Colleague who suggested that our bon. Colleagues in Anambra State, including their bon. Brothers in the Senate have not done enough. Let them go home and see what they can do. If they are neutral, I believe this matter can be resolved amicably. If we do not allow democracy to ripe, we cannot do anything short of that.
Mr. Speaker, Sir, I would plead that we refer this matter back to our bon. Colleagues from Anambra State.

Hon. Oladotun Animashaun (Kosofe): Point of information. I heard in the news this morning that the leader of PDP, Dr. Alex Ekwueme and others have resolved this problem. This was what the Anambra Governor said this morning on the radio.

Hon. Chukwuemeka Nnayelugo Nwajiuba (Ehime Mbano/Ihite Uboma/Obowo): I would like to draw the attention of this honourable House to the request and the nature of what we are asking to do in this Motion. This Motion is asking this honourable House pursuant to the powers of the Speaker as in Rule 95 to set up a Special Committee. That rule allows us to set up a Special Committee as the need arises. In relation to that rule, I will refer the honourable House to the provision of the 1999 Constitution, Section 11, Sub-section 5 which reads: For the purpose of sub-section (4) of this section, a House of Assembly shall not be deemed to be unable to perform its functions so long as the House of Assembly can hold a meeting and transact business.
For the purpose of transaction business, I will refer this bon. House to Section 96(1) of the Federal Constitution which says: The quorum of a House of Assembly shall be one-third of all members of the House.
In this case, 10 members are sufficient. What we have is a petition from 19 members who have held a meeting and are able to transact business for which they have come here. I will refer this honourable House to the numerous petitions. It would behove us to therefore read carefully what we have been asked to do. Are we supporting a motion for a Special Committee? Can it be deemed that they have stopped and are unable in pursuant to the Constitution to transact business. Is it possible for us to interpret the Constitution to mean that the House of Assembly of Anambra State cannot constitute one third of all members of the House? Is it possible for us to interprete the Constitution to mean that this House cannot function but can function to bring a report? I am addressing this issue in relation to the power of this House in Rule 95 which allows us to deal with this matter as we deem fit. (Applause)

Hon. Adamu Bulkachuwa (Katagum): Mr. Speaker, Sir, I think the movers of this Motion have missed a very vital information to this House in order for us to do justice to the Motion. The information is that they mentioned that 19 members of the Anambra State House of Assembly have come here and delivered a letter. I think it should be pertinent that the letter be read to the House for us to be informed of their prayers so that we hear them first-hand because a number of us here, truly do not know the problem in Anambra State. How can you now ask us to get involved? Even the constitutional provision is not in contest. For us to step in and make law for Anambra State, we really have to think seriously about it. For failure to get the facts out and for failure to present this case well, I beg to oppose this Motion.
Thank you.

Hon. Oladipo Olaitan (Alimosho): Mr. Speaker Sir, the last speaker but one gave this house a very brilliant argument. But the brilliant argument, as it stands, is doubled-legged. His argument if I understand, Is that there is a quorum In the Anambra State House of Assembly that can transact business and that consequently, we have no power to act now. I beg to disagree. They do have a quorum and they have transacted a business but what is the nature of the business, the business is to ask us to intervene. That is what they said. it was in the exercise of that power that they wrote to us.

Hon. Musa Elayo (Awe): Mr. Speaker, Sir, Hon. Members, I have a point of information as regards the facts on ground and the motion before us. Hon. Members, the information is that we have read several newspaper, dailies and magazines about what is happening in Anambra State House of Assembly. Right now, there are two court cases involving the two sides. The court has given separate orders asking Anambra state house of Assembly not to sit. So, with these two court orders, there is also the interevention by some Elders of the peoples Democratic party (PDP) led by former Vice President, His excellency Dr. Alex Ekwueme. The People Democratic Party (PDP) Executive in that state is no more in existence. The entire scenario in Anambra State as it is today, is that of complete breakdown of Law and Order.

Several Members: No! No!! No!!!

Hon. Musa Elayo: What the Motion is asking this Honourable House to do is to go to the State and find out whether the State House of Assembly is sitting or not.

Several Members: No! No!! No!!!

Hon. Mohammed Wakil (Damboa/Gwoza/Chihok): I think it is my duty to advise some of us on the important points made by the movers of this Motion. The 1999 Constitution, section II (4) says in part:
At any time when any house of Assembly of a state is unable to perform its functions - We are not going there with force. We do not know whether up till now the house is functioning or not. It is our duty, first of all, to find out what is happening there. We heard that members of Anambra State House of Assembly had a meeting with the Governor of that State to solve the problem. Yet up till now, the problem has not been solved.
There is another moved by Senator Chuba Okadigbo and other senators from Anambra State to see whether they can solve this problem.
The meeting did not work very well. Again another meeting was held 'in Lagos to solve this Problem. Still it did not work out fine. Yesterday, we heard that the problem has been solved. Another information came in this morning that the other group went ahead and made a broadcast over the radio, yet, up till now, the problem has not been solved.
We want this honourable house to set up a high power panel to investigate what is happening there and get the facts. We are not going there to intervene. (Interruptions)

Several Members: Where is the letter?

Hon. Mohammed Wakil: Mr. Speakers Sir, With your permission, I want to read the letter to this honourable house, It reads:

The Speaker,
House of Representative,
National Assembly Complex
Abuja.

Dear Sir,

SOS - CALL THE GOVERNOR OF ANAMBRA STATE DR. C.C. MBADINUJU TO ORDER
We are now going into the fourth week of govermental crisis in Anambra State, culminating in a stalemated House of Assembly. This stalemate was precipitated by the high handedness of His Excellency Dr. Chinwoke Mbadinuju led Executive Arm of the Anambra State Government. Contrary to the clearly stipulated concept of Separation of Powers in the 1999 Constitution of the Federal Republic of Nigeria (which ironically, this same man vowed under oath to protect) His Excellency Dr. Chinwoke Mbadinuju has flagrantly, unabashedly, intentionally and knowingly over- stepped his bounds in a wild and violent attempt to foist a Speaker of his choice on the House of Assembly of Anambra State at Awka- in the name of one Mr. K. C.Enemuo his junior in Chambers for the past ten years, in a bid to pocket the legislature and thereby operate as a sole administrator.
Realising that he could not muster the requisite number for a simple majority of members in the Speakership elections, His Excellency Dr. Mbadinuju (in keeping with his earlier threat to members that unless we agreed to his Speakership Candidate, he would put off inauguration of the House indefinitely) On the 29th May 1999, soon after his swearing in ceremony, directed the Clerk-designate of the House to postpone indefinitely our inauguration scheduled ,for 31st of May 1999 for which invitation cards had been extended to us, and through us, to our guests including our families, Royal Fathers etc. This is clearly at variance with the provisions of Section 105(3) of the 1999 Constitution which states inter-alia ".... the person elected as the Governor of a State shall have powers to issue a proclamation for the holding of the first session of the House of Assembly of the state concerned immediately after his being sworn in....."
To justify his action, His Excellency, falsely informed the people of Anambra State that unavailability of residential accommodation for legislators necessitated the indefinite postponement. Piqued by his action we wrote him a letter urging him to proclaim the House as earlier, scheduled inspite of such infrastructural inadequacies. Attached is a copy of the said letter.
When he stuck to his gun and in view of the constitutional implication, we initiated an action in the High Court Awka, seeking an order of mandamus to compel the Governor to carry out his constitutional responsibility. Pre-empting the Court order he proceeded to proclaim the house on the 4th of June 1999 over the Radio at about 7.30 a.m. specifying that the inaugural session of the House would hold at 10 a. m. on Wednesday 9th June, 1999 at the Legislative Chamber, Anambra State House of Assembly, Awka. This information: was confirmed by the Clerk-designate of the Assembly through a letter dated 4th June 1999 referenced HA.4/AN/CHA/23/ and signed by Mr. M. Oragudosi Clerk-Designate, Anambra State House of Assembly. Attached is a copy sent to members and the parties.
On the 9th of June 1999, still short of the required simple majority of members-elect, His Excellency DR. C. Mbadinuju orchestrated an orgy of political madness when at 3.00 a.m., he led eleven (11) legislators armed with touch light and dangerous instruments, broke into the House of Assembly Chambers, with the collusion of the Clerk Designate, Mr. Oragudosi and held an illegal inaugural session of the House of Assembly. Attached is a copy of a hand written letter by His Excellency to Mr Oragudosi. One Mr.K.C.Enemuo was purportedly elected speaker at the illegal session. All the other Principal offices of the House were also shared out amongst these eleven members to the exclusion of the majority of the House who had been shut out by this dastardly act of executive lawlessness.
Being the stooges/rubber-stamp of the Governor, they went on at that illegal session and at that unholy hour to screen and approve a total of nine (9) Commissioner nominees, 5 Special Advisers nominees and also found time to miraculously pass an Appropriation Bill for N1.9billion. All these were done before 7.00 a.m. Wednesday the 9th June 1999 at which time we the other 19 legislators arrived for the Inauguration Ceremony. As law abiding citizens, we
reported the crime at the Police Station, Awka at about 7.30 a.m. Wednesday 9/6/99. Attached is the Extract from the Police Crime Diary in respect of same.
Back at the House of Assembly, we waited in vain for the Clerk-Designate or his Deputy to duly inaugurate us at 10.a.m. At about 1.30p.m, in exercise of powers conferred on us by section 93 of the Constitution, we appointed a Clerk who took charge of affairs of our first session and the swearing in session. We also elected Hon. Bart Onugbolu as Speaker, while Hon. M. C. Vgwa was elected Deputy Speaker.
In flagrant disobedience of an Order of the Federal High Court sitting in Enugu restraining him from so doing, (which said Order is hereby attached), His Excellency Dr. Mbadinuju withdrew all staff of the House of Assembly and locked up the premises in order to frustrate us from the performance of our legislative duties. He has sworn in Commissioners based on the stage managed sitting, and who knows may be drawing money from the State Consolidated Revenue Fund on the strength of the illegal approval of the Appropriation Bill by 3.00 a. m. on the 9th June 1999.
As law-abiding citizens, we rely on the rule of law and the court of competent jurisdiction to martial our case to the world. However, since the world is watching Nigeria's effort to enthrone a lasting democracy, it is necessary to call His Excellency Dr.Chinwoke Mbadinuju to order and draw his attention to the implication of the continued shame at Awka.
All efforts at peaceful dialogue on the matter have been thwarted usually at the eleventh hour by His Excellency Dr.Mbadinuju, in concert with his selfserving illegally cleared and sworn-in Executive Council and hangers-on.
We earnestly implore you to use your good offices to remedy this anomally because Dr. C. C. Mbadinuju now functions as a sole administrator having kept the House of Assembly in abeyance.
We also pray you to act very urgently so as to avert the impending blood bath which His Excellency Dr.C.C. Mbadinuju and his henchmen are threatening to orchestrate, their earlier threat of recall of members having failed.
We who are about to die in defence of democracy and our sacred mandate salute you!!
A stitch in time saves nine!!

Yours sincerely,

Signed:

Mr. Speaker Sir, Hon. Members, this is the content of the letter. This thing is very clear. Thank you.

Hon. Taiwo Dele Oluwasegun (Afijio/Atiba/Oyo East/West): Point of Order!
Mr. Speaker, Sir, My Point of Order is based on Rule 51(5) which says:
Reference shall not be made to any matter on which a judicial decision is pending, in such a way as might in the Speaker's opinion prejudice the interest of parties thereto.
This matter is, therefore, subjudice. Thank you.

Mr. Speaker: Hon. Members, we have heard the debate for and against, points of information, points of Order and points of constitutional references, but I will give you a point of information based on what transpired yesterday when these people came to me. I will try to the best of my ability to report to you exactly what happened. That is my job.
When these gentlemen came in to my office in company of one of the hon. Members of this house, I then sent for more hon. Members from Anambra State to identify them. They came and identified them and we sat down with them in my office to discuss. They read this letter and went a step further to inform me of the circumstances that led them to writing this letter to the Speaker of this honourable House.
In summary of what they said; They said that the House of Assembly in Anambra State was inaugurated at 2.00 a.m. in the morning, that is point one. Point two, that at that point in time before 3 to 4 a.m. an Appropriation Bill of N1.9 billion was approved. I am summarising the discussion we had with them. They said that the list of Commissioners was also approved that night.
These are their major, points that I am able to summarise for you.
The other point which I think is annoying them very well is the fact that one of the Members as at present lost his son through a mysterious way. In summary this is what they explained to me and this is what I am explaining to this honourable House. Over and above the question of their letter, my comment on this is one, that this honourable House, whatever decision you may so wish to take, it should be in the best interest of democracy because we represent democracy here. We should not do anything or take any action that will undermine the responsibilities put on this House by the Constitution and the people of this Country. I will now leave you to decide by putting the question.

Question put and agreed to.

Resolved: Whereas the 19 Members of the Anambra State House of Assembly have written the Speaker of the House, of Representative asserting the inability of the Anambra State House of Assembly to perform its legislative functions, and whereas by virtue of Section 11(4) of the Constitution, the National Assembly is empowered to make laws for the peace, order and good governance of a State when the State Assembly is unable to perform its functions by reason of a situation prevailing in that State.
Be it resolved and it is hereby resolved that: A special Committee be setup to investigate and report to the House within seven (7) days whether the Anambra State House of Assembly is unable to perform its functions for the purpose of enabling the National Assembly to make laws for the peace, Order and good governance of Anambra State with respect to matters on which the Anambra State House of Assembly may make laws.

ADJOURNMENT

Hon.(Barr.) Mohammed Wakil (Damboa/ Gwoza/ Chibok): Mr. Speaker, Sir, hon. Members, I stand to move that the House do stand adjourned till 10.00 a.m., Wednesday, 30th June, 1999.
I beg to move.

Hon. (Chief) Akinnifesi Oladejo (Ondo East/West): Mr. Speaker, Sir, hon. Members, I rise to second the Motion for adjournment to Wednesday, 30th June, 1999 at 10.00 a.m.
I beg to second.

Question put and agreed to.

Resolved: That the House do stand adjourned till Wednesday, 30th June, 1999 at 10.00 a.m.

The House Adjourned accordingly at: 12.55 p.m.