Wahab Shittu, a senior advocate in Nigeria, responded to Governor Siminalayi Fubara’s presentation of the 2024 appropriations bill to six members of the House of Assembly. He claimed that the constitution’s Section 96, Sub-section 1a made it abundantly evident that a quorum in every state house of assembly must consist of at least one-third of its members. Additionally, he made it clear that the 27 legislators’ seats in Rivers State are now not empty according to the electoral commission.
He said in an interview with Channels TV, ”Now, the question to ask is this, has the seat of any member of the Rivers State House of Assembly been declared vacant by INEC? The answer to that question is No. And if you look at the provisions of section 96, sub-section 1 as well as section 96, sub-section 1a. And section 98, subsection 1, and section 98, subsection 2.
If you read all of this, it’s clear. You cannot form a quorum of any state house of assembly without having 1/3 members present. That is section 96, subsection 1. Section 96 subsection 1a says that if you want the inaugural sitting of a state house of assembly to be properly constituted, it must be 2/3 of the members.”