1.INTRODUCTION
At its sitting on Tuesday, May 9, 2017 the sixth Akwa Ibom State House of Assembly resolved to summon Mrs. Elsie Esara, Chairman, Transition Committee, Itu Local Government Council to appear on the floor of the House on Wednesday, May 10, 2017 at 10 am. The summons was consequent upon the refusal of the Chairman to appear before the House Committee on Local Government and Chieftaincy Affairs to offer explanations on the petition against her bordering on lack of due process and transparency in the administration of Itu Local Government Council. The Chairman, House Committee on Local Government and Chieftaincy Affairs who gave an interim report at plenary recommended that the Chairman of the Transition Committee be summoned to appear before the House having failed twice to respond to invitation of the Committee.
2. PROCEDURE
In the letter No. AKHA/S/44/VOL. VI/621, issued by the directive of the Speaker, Mrs. Esara was summoned to appear before the House in plenary on Wednesday, May 10, 2017 at 10.00 am prompt. She respond to the invitation. The Speaker, presiding as Chairman of the Committee of the whole, received and introduced the respondent to the House and further briefed Members on the mission of the respondent. After the general overview Members made comments and interrogated Mrs. Esara who responded on fundamental issues of the summons.
3. RESPONSE BY MRS. ELSIE ESARA ON ISSUES BETWEEN 12.35PM – 3.50PM
(i) Profile
She informed the House that she is a Masters Degree Holder in Education, a wife and a Mother. She went on to say that she has worked in the Federal Civil Service and retired as Deputy Director. She was also the coordinator of Credible Women Group before being appointed Chairman, Transition Committee of Itu Local Government Council.
(ii) Refusal to respond to the invitation of the Committee:
Mrs. Esara claimed that she had a ‘blackout’ and fainted on her way to the House of Assembly to honour the invitation of the Committee. She said she also noticed that the whole petition was publicized in the media and online and as such, she needed to protect her integrity and that of her family. She did not also honour the second invitation because she was scared and also recovering from her ‘blackout’. She was ready to tender a medical report to support her claim.
(iii) Law suit against the House of Assembly:
When confronted with the letter written by Samuel J. Ikpo Esq. (addressed to the Speaker), stating that she will not be able to appear before the House Committee until the case was determined, Mrs. Esara denied knowledge of the letter and further claimed that she did not instruct her counsel Samuel J. Ikpo to author the letter but employed him to handle her law suit. She informed the House that she has withdrawn the case; that she was ill-advised by her mentor to file the law suit, adding that she regrets her action. When asked who her mentors are she mentioned the following persons:
1) Senator Anietie Okon;
2) The Member Representing Itu Federal Constituency in the House of Representatives of Nigeria;
3) Mr. Akan Okon, Hon. Commissioner for Housing;
4) Hon. Idongesit Ituen, Member representing Itu State Constituency in the House of Assembly; and
5) Mr. Ebong Okon.
She however added that she only consulted Senator Anietie Okon out of the five earlier mentioned and he advised her to institute the case against the House of Assembly. She disclosed that she neither consulted other stakeholders in Itu Local Government Area, the State in general, nor those who appointed her to the position before taking the action.
(iv) Knowledge of the provisions of the 1999 Constitution of the Federal Republic of NIigeria as amended and the Local Government Administration Law of Akwa Ibom State:
Section 103 and 128 of the Constitution of the Federal Republic of Nigeria as amended were read to her and she admitted that the House of Assembly is empowered by law to oversee the administration of local government councils. The House committee by extension also has the right to investigate and expose corruption, inefficiency, misappropriation in the Executive or administration of laws within its legislative competence and in the disbursement or administration of funds. Mrs. Esara further admitted that she has breached both the Oath of Office and Oath of Allegiance which she subscribed to as a public Officer. She however pleaded for leniency and pardon.
4. COMMENTS BY HONOURABLE MEMBERS:
Hon. Members spoke, unanimously to condemn the action of Mrs. Esara. They claimed that by ignoring the invitation of the Committee and instituting a suit against the House, she grossly disrespected constituted authority. It was the opinion of members of the House that in the spirit of democracy, Mrs. Esara should have consulted more political stakeholders and even the Governor who appointed her as Transition Chairman before taking her actions. The House discharged her from the chambers and suspended deliberation on the matter till the next legislative date when the Honourable speaker shall make a report.
5. FINDINGS
To buttress the findings of the Committee of the whole, it is important to reproduce the various provisions of the constitution and other extant laws referred to in the course of interaction with Mrs. Esara, which she, as Chairman, has admitted violating.
a. Breach of the Oath of Office and Oath of Allegiance:
Below is the Oath of Office as provided for by the law under reference;
LOCAL GOVERNMENT (ADMINISTRATION) LAWS OF AKWA IBOM STATE, 2000
SCHEDULES 2 – OATHS
OATH OF ALLEGIANCE
I,……………… do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria and that I will preserve and defend the law; including the Constitution of the Federal republic of Nigeria.
So, help me God.
OATH OF OFFICE OF CHAIRMAN
I, …………………do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria; that as the Chairman of …………… Local Government, I will discharge my duties to the best of my ability, faithfully and in accordance with the provisions of the Constitution of the Federal Republic of Nigeria and the law and always in the interest of the sovereignty, integrity, solidarity, well being and prosperity of the Federal Republic of Nigeria; that I will strive to preserve the Fundamental Objectives and Directive Principles of State Policy contained in the Constitution of the Federal Republic of Nigeria; that I will exercise the authority vested in me as Chairman so as not to impede or prejudice the authority lawfully vested in the President of the Federal Republic of Nigeria so as not to endanger the continuance of Federal Government in Nigeria; that I will not allow my personal interest to influence my official conduct or my official decisions; that I will do the best of my ability, preserve, protect and defend the Constitution of the Federal Republic of Nigeria; that I will abide by the Code of Conduct contained in the Fifth Schedule to the constitution of the Federal Republic of Nigeria 1999, that in all circumstances, I will do right to all manner of people, according to law, without fear or favour, affection or ill-will; that I will not directly or indirectly communicate or reveal to any person matter which shall be brought under my consideration of shall become known to me as Chairman of …….........…… Local Government, except as may be required for the discharge of my duties as Chairman; and that I will devote myself to the service and well being of the people of Nigeria.
So, help me God.
b. Breach of constitutional provisions on the functions of the House of Assembly:
The 1999 constitution of the Federal Republic of Nigeria as amended provides;
128. (1) subject to the provisions of this constitution, a House of Assembly shall have power by resolution published in its journal or in the Official Gazette of the Government of the State to direct or cause to be directed an inquiry or investigation into –
(a) any matter or thing with respect to which it has power to make laws; and
(b) the conduct of affairs of any person, authority, ministry or government department charged, or intended to be charged, with the duty of or responsibility for -
(i) executing or administering laws enacted by that House of Assembly, and
(ii) disbursing or administering moneys appropriated or to be appropriated by such House.
(2) The powers conferred on a House of Assembly under the provisions of this section are exercisable only for the purpose of enabling the House to –
(a) make laws with respect to any matter within its legislative competence and correct any defects in existing laws; and
(b) expose corruption, inefficiency of waste in the execution or administration of laws within its legislative competence and in the disbursement or administration of funds appropriated by it.
129.(1) For the purposes of any investigation under section 128 of this Constitution, and subject to the provisions thereof, a House of Assembly or a committee appointed in accordance with section 103 of this constitution shall have power to –
(a) procure all such evidence, written or oral, direct or circumstantial, as it may think necessary or desirable, and examine all persons as witnesses whose evidence may be material or relevant to the subject matter;
(b) require such evidence to be given on oath;
(c) summon any person in Nigeria to give evidence at any place or produce any document of other thing in his possession or under his control, and examine him as a witness and require him to produce any document or other thing in his possession or under his control, subject to all just exceptions; and
(d) issue a warrant to compel the attendance of any person who, after having been summoned to attend, fails, refuses or neglects to do so and does not excuse such failure, refusal or neglects to the satisfaction of the House of Assembly or the committee, and order him to pay all costs which may have been occasioned in compelling his attendance or by reason of his failure, refusal or neglect to obey the summons and also to impose such fine as may be prescribed for any such failure, refusal or neglect; and any fine so imposed shall be recoverable in the same manner as a fine imposed by a court of law.
103. (1) A House of Assembly may appoint a committee of its members for any special or general purpose as in its opinion would be better regulated and managed by means of such a committee, and may by resolution, regulation or otherwise as it thinks fit delegate any functions exercisable by it to any such committee.
The above provisions are clear and unambiguous. The Chairman knowingly violated and breached the constitution, the Grund Norm, which she swore to protect, defend and uphold by refusing to respect and oblige the invitation of the House Committee.
c. Finally, THE LEGISLATIVE HOUSE (POWERS AND PRIVILEGES), CAP. 76 LAWS OF AKWA IBOM STATE, 2000, provides;
12. The House or committee authorized by Standing Orders or by order of the House to send for persons, papers and records may order a person to attend before it-
(a) to give evidence; or
(b) to produce any paper, book, record or other document in his possession or control…
In view of the above facts, the oral testimony of the respondent before the House, and considering the provisions of the 1999 constitution of the Federal Republic of Nigeria vis a vis other extant laws and the Standing Order of the House of Assembly, the House made the following findings;
a) That the respondent Mrs. Elsie Esara lacks capacity to hold or continue to hold public office, having shown her inability to respect, protect and uphold the Constitution of the Federal Republic of Nigeria, the Grund Norm and not being law abiding.
b) That up to date, the House of Assembly has not been served with the Notice of Discontinuance of the law suit she brought against the House.
c) That Mrs. Esara, can neither take an independent decision or responsibility nor accept responsibility over her actions or inactions. She blames others for her actions; her oral testimony before the House was doubtful and unconvincing.
d) That Mrs. Esara has no regard for constituted authority and cannot be relied upon in matters of public interest.
6. RECOMMENDATION
The Committee vehemently condemns and frowns at the attitude of Mrs. Elsie Esara, Chairman Transition Committee, Itu Local Government Council and hereby recommends as follows;
1. That Mrs. Esara should appear, before the House committee on Local Government and Chieftaincy Affairs on the invitation of the Committee to answer to the petition brought against her.
2. The House, urges His Excellency Deacon Udom Emmanuel, Governor of Akwa Ibom State, to relief and/or appropriately sanction Mrs. Elsie Esara for breaching her Oath of Office, the Constitution of the Federal Republic of Nigeria, and the Akwa Ibom State Local Government Administration Law to serve as deterrent to others.
7. CONCLUSION
The Committee of the whole has carefully reproduced a few provisions of the law, among others, which empowers the House of Assembly in the exercise of her oversight functions in the administration of the State for the benefit of the doubt. This is to prove to the general public that this Assembly is mindful of her constitutional duties/functions and would not be eager to do what the law does not permit.
The Committee of the Whole hereby restates the commitment and resolve of the Akwa Ibom State House of Assembly with every legal means and shall not compromise or tolerate any attempt by a public or political office holder to denigrate the mandate and integrity of the legislature or legislators.
Honourable colleagues, I submit.
Rt. Hon. (Barr.) Onofiok Luke
Speaker
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