Federal lawmakers operating under the aegis of G60,have demanded immediate arrest and prosecution of the 23 local government council chairmen in Rivers State whose tenure expired yesterday.
The lawmakers rose from an emergency meeting in Abuja on Tuesday with a call for arrest and trial of the council chairmen for attempting to remain in office despite the expiration of their tenure.
They described the alleged attempt by the council chairmen to forcefully retain their seat after the constitutional expiration of their three-year tenure as a treasonable act.
The group, led by a member of the House of Representatives, representing Ideato North and Ideato South Federer Constituency of Imo State, Hon. Ikenga Imo Ugochinyere, speaking at a press conference in Abuja, called on the Rivers State government to immediately prepare treason charges against the local government chairmen over the committal of the alleged act.
In attendance at the press conference were Hon Aliyu Mustapha (Kaduna), Hon Matthew Nwogu (Imo) and Hon Midaila Usman(Bornu).
The lawmakers accused the former local government chairman of breaching the provisions of section 37 (1) of the criminal code Act, section 39 of the Nigeria Police Act, section 12 of the criminal procedure code, section 23 of the criminal procedure code and section 1 (2) of the constitution that frowns at anybody or group of persons that attempts to unlawfully occupy position of power in the country or forcefully attempt to take over government in any part of Nigeria.
They called on the judiciary to remain vigilant in curbing the activities of persons desperate to take over institutions of governance in Rivers State or any part of the country.
The lawmakers frowned at what they refered to as attempted treason organized by the former local government chairman who wanted to use magistrates/ judges from neighbouring states to conduct a kangaroo swearing in ceremony around 5am this morning despite the fact that their tenure expired since 17th of this month.
They applauded Governor Similaye Fubara and the citizenry in Rivers State for resisting the attempt by the chairmen to take over the administration of local government councils in breach of the law.
"We salute the courage of the Rivers state People who came out boldly to protect the local government and foil the attempt to unlawfully seize the institution of governance by the former chairmen.
"This heroic action is in line with section 20 of the administration of the criminal justice Act that empowers citizens to arrest and foil any criminal act being committed in their presence, " they said in a text read by Ugochinyere.
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Continuing, they noted that: "Section 39 of the Nigeria Police Act of 2020 states that "a private person may arrest a suspect in Nigeria who in his presence commits an offence or whom he reasonably suspects of having committed an offence for which the police is entitled to arrest without a warrant".
The text read further:"Section 37 Criminal Code Act (1) Any person who levies war against the State, in order to intimidate or overawe the President or the Governor of a State, is guilty of treason, and is liable to the punishment of death.
"(2) Any person conspiring with any person, either within or without Nigeria, to levy war against the State with intent to cause such levying of war as would be treason if committed by a citizen of Nigeria, is guilty of treason and is liable to the punishment of death:
"Provided that nothing in this section shall prevent any act from being treason which is so by the laws of England as in force in Nigeria."
The group hailed Gov. Fubara for being democratic enough to have allowed the former Chairmen to complete their three year tenure without any disruption despite the provocative acts carried against him in the last few months.
According to the opposition lawmakers, the failed attempt by former council chairmen to hang on to power despite their tenure expiration is "a failed coup against democracy that must not go unpunished."
