The purported elongation of tenure of the Shadrach Ebikeme-led executives of the Gbaramatu Youths Council has been termed a ‘constitutional aberration’ and ‘political’ by the mobile parliament.
Daily Report Nigeria reports that the parliament had convened an emergency sitting on Wednesday at the Casa De Pedro Hotel to deliberate the move by stakeholders to extend Ebikeme’s administration by 18 months.
As part of resolution reached during its sitting, the Parliament raised several concerns, including the fact that the tenure of the aforementioned administration expired since May 29, 2023.
The legislatures described the move as an invasion of the constitution that the executives swore an oath of service through, while highlighting series of loopholes contained in the purported tenure extension.
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In a communique released after plenary on Wednesday, Parliament also called for calm and support from all concerned parties as embattled GYC President, Ebikeme begins plans to kick-start transition processes.
The communique signed by Frank Ekpemupolo and Mayor Ipopo Present, Speaker and Clerk of Parliament respectively, read in full;
THE PUBLICATION OF GYC EXECUTIVE’S RESOLUTION, STATING COUNCIL EXTENSION OF GYC EXECUTIVE’S TENURE WHICH EXPIRED SINCE MAY 29TH 2023 BY 18 MONTHS: A CALL FOR CONCERN. HENCE, GYC MOBILE PARLIAMENT EMERGENCY SITTING.
Record have it that, a publication was made on GbaramatuVoice WhatsApp group on the evening hours of 21st of October 2023 by GYC executives, claiming Gbaramatu Youth’s Council on it’s general emergency meeting held on the 21st of October 2023 resolved to have extended Shadrach Ebikeme’s led administration by 18 Months.
Following the above publication, several calls were put on the GYC parliamentarians making the atmosphere a bit disturbing and also the publication opposing the above alleged council’s decision further requested Parliament to act. Hence, Parliament resolved to have invoked section 13(5)(a)(iii) of GYC’s constitution 2020 as amended to called for an emergency sitting which was convened on the 25th of October, 2023.
The Parliament on the above raised issue, resolved and state as follows:
1. That, the Parliament is a creation of the Gbaramatu Youth’s Council constitution whom powers and responsibilities was also spelt out by the same constitution. Specifically, section 13(2)(b)(j) of GYC’s constitution 2020 as amended empowered the Parliament to summon and investigate any member of the council whether or not such a member is an officer or otherwise.
The section further authorised the Parliament to invoke the doctrine of necessity for the purposes of due administration to correct any abnormality arising from the exercise of any power by any authority conferred by the constitution.
2. That, the Parliament would have ordinarily invoked section 12(a-g) of the constitution by constituting a panel to look into the raised issue but the Parliament will not do so due to the fact that there are no signatories of members or stakeholders of council claiming responsibility of such publication.
3. That, the issue of tenure of office of GYC’s executives is a constitutional matter and section 10(1) of the constitution specifically states that, the tenure of office of any executive officer shall be three(3) years and no more, and moreover, section 1(1)(2)(3) emphasizes that ” the constitution is supreme, and its provisions shall have binding force on all authorities and persons throughout the council”, the constitution further declares that “if any other laws is inconsistent with the provisions of this constitution, this constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void”, the constitution further pined that, no person or groups of persons shall take over the government of the council except in accordance with the provisions of this constitution “.
4. Assuming but not conceding that the Shadrach Ebikeme led administration which expired since May 29th 2023 was given 18 Months extension by the emergency general meeting held on the 21st of October 2023 by council, the decision of such extension will remain laughable in the eyes of the above combined reading of sections 10(1) and 1(1)(2)(3) of the GYC’s constitution as amended. Such moves will be the highest constitutional aberration on the part of Shadrach Ebikeme’s led administration to have invaded the constitution whom they took an ought of allegiance to protect and act in accordance.
As far as the GYC’s mobile Parliament is concerned, there is no such constitutional move either by amendment or otherwise to have given effect or justification to such alleged tenure elongation. Until the constitution is amended to give such legal justification, any attempt to do otherwise will be termed acting ultra vires.
5. While Parliament will always be awake to its constitutional responsibility, it is also part of the Parliament’s resolved that, there is no material evidence of the alleged tenure elongation by GYC’s executives, there are no signatures of Stakeholders and zone’s representatives consenting to such tenure extension, so therefore, the publication of the suppose tenure elongation remain political.
And also, the new circular from the office of the GYC’s executives on the early hours of 25th of October 2023 stating that, there will be a general meeting of Council on the 31st of October 2023 to kick start the electoral process for transition purposes. Hence, Parliament beseech aggrieved stakeholders and zones to remain calm and give the needed support that will fast track the already over due transition process.