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31.07.2019 Letter

The Brinkmanship Of National Assembly’s ‘Resolution’ On Edo State House Of Assembly

By Clifford Ogbeide
The Brinkmanship Of National Assembly’s ‘Resolution’ On Edo State House Of Assembly
JUL 31, 2019 LETTER

Dear Editor:
Let me start by saying that posterity will judge all of us as an individual and as a people in the decisions will take in our various public authority that the almighty God has entrusted us with. It is in this view that am really constrained to express my views over the National Assembly’s unconstitutional ‘directives’ to the Edo State Governor, Godwin Obaseki, to issue a fresh proclamation for the inauguration of the Edo State House of Assembly within one week. And failure to do so, the National Assembly will invoke its powers as contained in the Constitution by taking over legislative functions of the Edo State House of Assembly. The development followed the adoption of the report of the Senate ad hoc committee on the Edo State House of Assembly crisis, presented by its chairman, Senator Sabi Abdullahi.

In my honest view, the ‘resolution’ by the National Assembly amount to gross misdemeanor and an affront on Section 11 subsection 4 of Nigeria’s 1999 Constitution; the Principles of the Rule of Law, the Doctrine of Separation of Powers and the National Assembly Standing Rules which forbids it from making sub-judice pronouncement on a matter pending before a Judicial interpretation. It will suffice to note that Justice M.G. Umar, of Federal High Court sitting in Benin City, Edo State, on July 2, 2019 ordered the National Working Committee of All Progressives Congress, APC; the Inspector General of Police (IGP); the Commissioner of Police in Edo State, Mallam Lanre Issa-Onilu, who are defendants in an ex-parte motion of the Plaintiffs/Applicant suit filed on June 28, 2019, by Alhaji Yayaha Audu Omogbai, Clerk of the Edo State Assembly and the Edo State House of Assembly. Justice M.G. Umar barred any deliberation concerning the inauguration of the 7th Assembly of the Edo State House Assembly and the election of the Speaker and Deputy Speaker which took place on 17th June, 2019 in the Edo State House of Assembly. The case was adjourned to 9thOctober 2019. The intrinsic values of the Doctrine of Separation of Powers in a Presidential System of Government make the three arms of Government co-equal and none is superior to other. The National Assembly’s ‘resolution’ amounts to coercing an elected governor, a head of an arm of government in a Federal Republic to comply with an unconstitutional ‘resolution’.

On the Issuance of a Fresh Proclamation Letter, the National Assembly erred. According to Section 105(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) inter alia “Subject to the provisions of this Constitution, the person elected as the Governor of a State shall have power to issue a Proclamation for the holding of the first session of the House of Assembly of the State concerned immediately after his being sworn in, or for its dissolution as provided in this section”. The role of Governor Godwin Obaseki of Edo State as envisaged in Section 105(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) was to issue a Letter of Proclamation, which he did on June 17th 2019 and his constitutional duty ended there in view of the subject matter. The Constitutional duty of the Clerk of the Edo State House of Assembly, Alhaji Yayaha Audu Omogbai commenced thereafter and he did the needful with the Letter of Proclamation issued to him by the Governor Godwin Obaseki which culminated to the inauguration of the 7th Edo State House of Assembly. The one already issued by Governor Godwin Obaseki on June 17th 2019 is still subsisting and valid till date. Therefore, the Governor cannot be ‘directed’ to issue another Letter of Proclamation so as not to set a dangerous precedent.

Furthermore, section 11 subsection 4 of the Nigeria Constitution, clearly states the prevailing circumstances wherein the National Assembly can perform the functions of the House of Assembly of a state. Explicitly, It states inter alia: “At any time when the House of Assembly of a State is unable to perform its functions by reason of the situation prevailing in that State, the National Assembly may make such laws for the peace, order and good government of that state with respect to matters on which a House of Assembly may make laws as may appear to the National Assembly to be necessary or expedient until such time as the House of Assembly is able to resume its functions; and any such laws enacted by the National Assembly pursuant to this session shall have effect as if they were laws enacted by the House of Assembly of the State:

Provided that nothing in this session shall be construed as conferring on the National Assembly power to remove the Governor or the Deputy Governor of the State from office.” In addition, Section 11(5) states inter alia: “For the purposes of subsection (4) of this section, a House of Assembly shall not be deemed to be unable to perform its functions so long as the House of Assembly can hold a meeting and transact business.” Consequent upon the forgoing, it is imperative and constructive to categorically affirm that the state of affairs in the Edo State House of Assembly in comparison to what was envisaged by Section 11 subsection 4 & 5 of the 1999 Nigeria Constitution as amended is no applicable and completely different. The National Assembly ‘resolution’ cannot stand the test of any legal challenge for the proposed ‘take- over’ of the Legislative functions of the Edo State House of Assembly as it being ignorantly speculated.

The Edo State House of Assembly has been holding official meetings and transacting of its statutory Legislative business. Few days after the June 17th 2019, inauguration of the 7th Edo State House of Assembly, the Lawmakers on Monday, 22nd of July 2019, cut short their long adjournment to admitted new members-elect. They were Hon. Emmanuel Okoduwa (Esan North East II) and Hon Sunny Ojiezele (Esan South East). Subsequently, Hon. Emmanuel Agbaje, member-elect representing Akoko-Edo Constituency II was sworn-in on Wednesday, July 3, 2019, as honourable member, bringing the total number of the inaugurated members of the 7th State Assembly to (12) twelve. On July 10th, 2019 also, the Edo State House of Assembly constituted a five-man ad-hoc committee to screen the six Commissioner nominees sent to the House by Governor Godwin Obaseki for confirmation. The six Commissioner nominees were Hon. Damian Lawani; Felix Akhabue; Moses Agbakor; Joe Ikpea; Momoh Oise Omorogbe and Marie Edeko. The five-man ad-hoc committee was chaired by the leader of the House; Roland Asoro has the Deputy House Leader, Marcus Onobun, Ephraim Aluebhosele, Emmanuel Agbaje and Uyi Ekhosuehi as members. Another Legislative transaction of that day included the first reading during plenary of a bill to establish the Edo State College of Agriculture and Natural Resources. The Speaker of the Edo State House of Assembly, Rt. Hon. Frank Okiye, thereafter appointed a former member of the House of Assembly, representing Owan West Constituency, Hon. Blessing Agbebaku, as his Chief Of Staff. All these are Constitutional duties carried out as members of the Edo State House of Assembly. Again on Monday, July 15, 2019, the Edo State House of Assembly (EDHA) cleared six commissioner-designate whose names were earlier sent to the House by Governor Godwin Obaseki.

Consequent upon these obtrusive evidence of the functionality of the Edo State House of Assembly in the performance of its Legislative business, official meetings and statutory transactions, the contemplated reasons as envisaged by Section 11 of the 1999 Nigeria Constitution as amended, to empower the National Assembly to take over the functions of the Edo State House of Assembly is not applicable. There is no doubt as to whether the Edo State House of Assembly is able to perform its statutory functions and duties because the House of Assembly is holding regular meetings and transacting Legislative business as stipulated by the Constitution of the Federal Republic of Nigeria. Therefore, the Constitutional functions and duties of the Edo State House of Assembly cannot be taken over by the National Assembly; otherwise there will be an infraction on the 1999 Nigeria Constitution as amended.

Finally, a judicial interpretation of Justice M.G. Umar will not be a bad option if the Defendants/parties can maintain status quo pending the determination of the suit on the 9th of October, 2019.

CLIFFORD OGBEIDE
[email protected]

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