Vetoed Bills: Legislative Lawyer, Dr. Jaja and ALDRAP to Hire Dr. Ajulo, SAN to File Lawsuit Against Rivers State House of Assembly.
In a bid to seek clarification on the recent vetoed bills by the Rivers State House of Assembly, renowned legislative drafting lawyer, Dr. Tonye Jaja, and the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP) have decided to hire the services of Dr. Ajulo, SAN. The lawsuit aims to determine whether the assembly has complied with the constitutional provisions regarding the vetoed bills.
The Issues for determination:
The lawsuit intends to address several key issues that have arisen from the vetoed bills. These issues include:
1. Compliance with Timeframe:
The first issue to be determined is whether the Rivers State House of Assembly adhered to the constitutional provision that requires a 30-day period to elapse from when the bill was submitted to the governor.
2. Legislative Authority:
The second issue revolves around whether a State House of Assembly has the legislative authority to make laws concerning Local Government Areas (LGAs) beyond the provisions stated in section 7 of the 1999 Nigerian Constitution.
3. Legislative Procedure:
The third issue to be resolved is whether the Rivers State House of Assembly followed the proper legislative procedure, such as conducting the first reading, before vetoing the governor's decision. According to established case law, the legislature must start the legislative process afresh before vetoing a bill that the governor has refused to assent to (AG, BENDEL vs AG FEDERATION, 1981).
4. Vetoing a Finance Bill:
The fourth issue seeks to determine whether the Rivers State House of Assembly has the authority to veto a finance bill.
ALDRAP Secretary
5. Quorum and Validity of Members:
The final issue to be addressed is whether there was a quorum during the veto process and whether the lawmakers who voted were valid members. It is worth noting that some of the lawmakers recently had their seats declared vacant due to their defection to the All Progressives Congress (APC).
In Conclusion, The decision by Dr. Tonye Jaja and ALDRAP to hire Dr. Ajulo, SAN, to file a lawsuit against the Rivers State House of Assembly highlights the importance of upholding constitutional provisions and ensuring that legislative processes are followed diligently. The outcome of this lawsuit will not only provide clarity on the specific issues raised but also contribute to the overall understanding and practice of legislative drafting and advocacy in Nigeria.
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