Tag: Edo Assembly

The Edo State Government on Wednesday said that the House of Representatives lacked the constitutional powers to shut down the House of Assembly.

The government’s statement was a response to the purported orders made on July 17, by the House of Representatives to the Inspector-General of Police and the Director-General of the Department of State Services (DSS) to seal off the Assembly, until a proper inauguration is done.

In a statement in Benin City, the state capital, the Secretary to Government, Osarodion Ogie said:  “there is nowhere in the Constitution of the Federal Republic of Nigeria, where the House of Representatives or even the National Assembly for that matter, is granted the right or power to shut down the House of Assembly,” adding that, “in point of fact such power is expressly excluded by the Constitution.”

Ogie said: “It has come to the attention of the Government of Edo State that the House of Representatives at its sitting on 17th July, 2019 purported to issue certain orders regarding the status and activities of the Edo State House of Assembly.

“Amongst others, it directed, the governor to ‘issue a fresh proclamation for the inauguration of the House of Assembly’ and ordered the Inspector General of Police to shut down the premises of the Edo State House of Assembly and purported to make further orders in this regard.”

According to the SSG, “The Government and people of Edo State are appalled and disappointed at the gross illegality and abuse of process by the House of Representatives.”

He added: “It must first of all be pointed out that the emergency supervisory powers over the activities of State Houses of Assembly which are contained in Section 11 of the Constitution of our Republic are expressly donated to “The National Assembly” and not one individual arm of it.

He said: “These powers certainly do not extend to issuing directives to a duly elected State Governor to unlawfully repeat an act which has already been fully carried out in line with the Constitution.

“It has further not been alleged or concluded by anyone that the Edo State House of Assembly is unable to sit. In fact, whenever the ‘self-exiled’ members-elect so choose, they can join their colleagues in plenary in Benin City.

“It is also instructive to note that while the members of the House of Representatives were busy in Abuja issuing their unlawful and unconstitutional orders, the fact-finding delegation of the Distinguished Senate (the upper arm of the National Assembly) was in Benin meeting with Stakeholders with a view to fashioning a road map to peace in our land.”

Ogie noted that “Students of history will recall that the crises in the Western Region Parliament in the 1960s which triggered a conflagration that eventually engulfed the entire nation, was precipitated by a similar attempt to use ‘Federal might’ to muscle, intimidate and overwhelm the functionaries of a Federating unit outside the due process of law.

“Since the situation in the Edo State House of Assembly is a matter currently pending before two (2) Courts of competent jurisdiction, the Government of Edo State would not follow the contemptuous example of those who are currently commenting, adjudicating upon and giving directives on matters currently being litigated upon.”

Read Also: You’re biased, assembly Edo speaker tells Reps

He added: “Suffice it to say however that there is nowhere in the Constitution of the Federal Republic of Nigeria, where the House of Representatives or even the National Assembly for that matter, is granted the right or power to shut down a State House of Assembly, in point of fact such power is expressly excluded by the Constitution.”

The state government advised “those interested parties who sit in positions of authority in Abuja and are using their offices to influence the House of Representatives to take note that we all ultimately owe a debt of accountability to the good people of Edo State for our actions.

“We are certain that the Inspector General of Police, being a law-abiding Government Functionary will not act in disobedience to the Order of a Federal High Court in Benin, validly issue and served upon him restraining him from doing exactly what the House of Representatives now purport to direct him to do, which is to shut down the Edo State House of Assembly.

“Both sides of this dispute are currently before the Court and we are shocked that the House of Representatives could allow itself to be made to act in breach of its own Rules which forbid it from entertaining or making pronouncements on matters before Courts.”

There was protest in Bénin City over the resolution of the House of Representatives that it would take over functions of the Edo State House of Assembly if Governor Godwin Obaseki fail to issue a fresh proclamation letter for proper inauguration of the Assembly.

The protest involved civil society groups, non-governmental orgaisations  market women, artisans, youths and students.

They marched through various streets of Bénin City and carried placards displaying their support for Governor Obaseki.

At the premises of the Edo State House of Assembly, the protesters warned that they would resist shutting down of the Assembly by security agencies.

Spokesman for the protesters, Mr. Olu Martins said the issues concerning the Edo Assembly are in court.

“Everybody should stay and play to the rule of the game because we believe in rule of law. We have banished godfather from Edo State more than eight years ago, we cannot allow it come back now.

“Comrade Oshiomhole (Adams) spent eight years, Obaseki must spend his eight years, we will not allow anybody to stop him.”

Edo State APC Youth Leader, Mr. Valentine Asuen said “APC youths in Edo State are with you (Obaseki) because you have a sincere and legitimate mission. So remain focused and don’t be distracted knowing that the sky is not your limit but your starting point”.

“It is four over four. No way for godfather because just the same way donkey meat have become a thing of the past in Edo State, so will they also become a thing of the past “.

The Edo State House of Assembly is polarised. Former Commissioner for Transport Orobosa Omo-Ojo writes on the division and how to halt the acrimony.

It is raining actions (bizarre and usual) in Edo State polity as the actors take positions, leaving in trail victors and victims. This commentary is about the 24 men at Chief Anthony Enahoro’s Complex. It is about their tactical moves and very flawed actions. While a set relied on the old order, a new set deployed an improved version of ‘EDHA Control App’. It is instructive to remind onlookers that Edo State House of Assembly is not new to crisis; at least since the creation of the state.

The Assembly lost her innocence early in 1991 when Mr. Matthew Egbadon was impeached as the first Speaker due to the contending interest of some power blocks, led by Chief Anthony Anenih of blessed memory and some rampaging youthful political elements. The State maintained her uncanny and eerie first position of a House in turmoil on January 31, 2000 when members resumed from the Christmas and New Year break to impeach Mr. Thomas Okosun who became Speaker in 1999 with the support of Chief Lucky Nosakhare Igbinedion, then governor of the state.

Chief Anenih had supported Mr. Egbadon but some youngsters had their way until the old fox and his group found a crack to seize legislative power. Political watchers blamed Okosun’s highhandedness for the January 31, 2000 ‘coup’ but the young legislator was simply the fall guy in the proxy battle to control the Peoples Democratic Party in Edo State.

Okosun’s campaign to instil ‘discipline’ in the Assembly as a way to ensure the independence of the legislature won the support of majority of his colleagues but that was not to be, as he soon ran into trouble waters. Trouble started when he impounded the official vehicles of some members, because they violated the guideline on the use of government vehicles, which the new speaker introduced. Part of the exceptional but cost saving policy introduced and agreed by the House leadership was a restriction on unauthorised use and driving of the Assembly official Blue Peugeot 504 saloon cars after work hour. Few months down the road, some members ran foul. One had his car clamped as he cruised around Benin City at dusk, while the son of another Assembly member was sighted driving the Peugeot 504. This incident quickly reopened old political wounds between Governor Igbinedion and Chief Anenih.

Ironically, the House was dominated between 1999 and 2007 by the Peoples Democratic Party, PDP with the exception of Akoko Edo and Egor local government areas where All People’s Party, APP held sway. The PDP produced Thomas Okosun, Matthew Egbadon, David Iyoha and Friday Itulah, Zakawanu Garuba as speakers. They were however caught in power play between Chief Tony Anenih and Governor Lucky Igbinedion and his ground forces. It is imperative to put on record that although the various impeachments were sponsored by political gladiators, none led to bloodletting until 2008 when Comrade Adams Oshiomhole became the governor.

The impeachment of Zakawanu, reinvented the power struggle in the House after the defection of Mr. Bright Omokhodion from PDP to the AC. He was crowned speaker in an ‘adversarial’ process. From then onward, the puppeteer pulled the strings as he deemed fit – depending on his mood.

Compared to the contraption that became the hallmark in recent past, the recent election of the speaker and deputy speaker by nine members have been hailed because it is a complete departure from the violent riddled charade of the last 12 years when uninspiring persons were imposed as speaker and deputy speaker on the Assembly.

The handful of turncoats that have attempted to dismiss the emergence of Mr. Frank Okiye as the speaker on the allegation that the proclamation and subsequent oath taking was a “nocturnal exercise” would do better if they educate themselves with lessons of their lost opportunity. All the component were present inside the so-called hallow Assembly; the Clerk, the Maze bearer, the Press and other secretariat staff who are transitorily custodians of the legislative arm.

But, while some seemingly loyalists of a fast-fading godfather were acting in a manner that gave them away as a dispatched ‘advance forces’ of a fast-fading godfather to clear the soft target, the five members-elect that has since multiplied to nine busied themselves with the  compliance of the Code of Conduct requirement for Assets declaration. Probably due to over-confidence, they failed to notice that the Clerk had received the long-awaited proclamation from Governor Godwin Obaseki. Instead, they concentrated their energy on fruitless press conference that gave them away as aimless aggressors.

The paradox is that, the text of their release demanded the immediate transmission of proclamation and inauguration of the Assembly. “We urge all well meaning individuals, including our well respected Royal Father, His Majesty Oba Ewuare II, President Muhammadu Buhari, and the leadership of the National Assembly, to prevail on Mr. Godwin Obaseki to immediately issue the letter of proclamation to enable the Edo State House of Assembly to function and avoid serious constitutional crisis”. Mr. Washington Osifo, spokesperson of the then nineteen member-elect said. Few hours after their outburst, they refused to turn up for the governor’s proclamation and Oath taking.

If it is true that the erstwhile governor is behind the scallywags, it may appear that he has already been defeated, owing to Governor Obaseki’s growing support, chiefly among the Benins, who are piqued at the urge by the ex-governor to decide their fate. A quick reflection on the viability or legitimacy of the inauguration and subsequent oath taking by members elect, must take into consideration the definition of a quorum in a new legislative arm of government.

Simply put, quorum is not a requirement in the life of a new parliament; this can become necessary after the swearing-in and the formation of the House. The hard truth now is that the quorum required for legislative duty in Edo State House of Assembly is three, relative to nine and not twenty-four. The malingerer members-elect who were idled away and failed to attend the inauguration and swearing cannot be seen in the face of law as members of the Edo State House of Assembly.

It follows therefore, that a new legislative house is equally not a parliamentary Assembly, because it can only be called so after duly inaugurated upon the proclamation of the head of the executive arm of government at the relevant level. The Assembly is given life after the Clerk of the House has invited the members-elect for their inauguration at an appointed date and in the hallow chamber.

Like several other political issues, the Nigerian constitution is silent on the numbers of members required at the inauguration as quorum and as result, the now depleted pro ex-governor members-elect are misinformed themselves on the requirement of a quorum for a functional house against a functional Assembly. Simply put, it is not obligatory for every member-elect to be present for inauguration as the speaker is empowered to swear others at their convenient time.

It seems to me, that the only breather left for the fifteen roaming members elect is to take seriously, the warning of the State Chapter of the All Progressives Congress. Already, the party has condemned the actions of the members-elect who are throwing tantrums over the emergence of the leadership of the newly inaugurated seventh Edo State House of Assembly. Mr. Anselm Ojezua, the party chairman called the actions of the members-elect a betrayal of the trust reposed in them by Edo people.

He warned that, the behaviour would not be tolerated. “We are calling on the National Chairman (of APC) who must have heard about their ignoble acts, to call them to order. What they have done is condemnable and will be handled with a firm hand. That is what we are going to do.

“We condemn their conduct in its totality and their tantrum betrays party supremacy. This is why we are exploring sanctions against those found wanting in no distant time. In fact, their punishment is in fixed deposit.”