By Ishaya Ibrahim
Edo State government on Thursday said the House of Representatives lacks the constitutional powers to shut down the state House of Assembly.
The government’s statement was in response to the charge 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 Edo House of Assembly until a proper inauguration was done.
Also on Thursday, the Edo State High Court, sitting in Benin City, rejected a plea for an interim injunction filed by the 12 pro-Oshiomhole members-elect asking the court to restrain security agencies from barricading and cordoning off the Assembly complex so they can have access to the House.
In suit no B/81OS/2019, Hon. Victor Edoror (Esan Central); Barr. Washington Osifo (Uhunmwode) and Hon. Crosby Eribo (Egor constituency), on behalf of the 12 pro-Oshiomhole members-elect also asked the court to restrain the Speaker, Hon. Frank Okiye, and his deputy, Hon. Yekini Idiaye, from parading themselves as Speaker and Deputy Speaker of the Assembly, respectively.
The court headed by Justice Erhabor, refused the ex-parte application, while the matter was adjourned to July 24. Though the claimants were not in court, they were represented by their lawyer.
The security operatives asked to be restrained are the Edo State Commissioner of Police; Director, Department of State Services, Edo State, and Commandant of the Nigerian Security and Civil Defence Corps (NSCDC).
The members-elect challenged the constitutionality of the inauguration of the 7th Assembly of the Edo State House of Assembly, noting, “there is need to restrain the 1st and 2nd defendants from further parading themselves, describing themselves or acting or purport to exercise the powers and functions of the office of the Speaker and Deputy Speaker respectively until the hearing and determination of this suit.”
Justice Erhabor refused granting the ex-parte application because it was lacking in merit.
Speaking on the ruling, Law Teacher, Barrister Adaze Andrew Emwanta, explained that “The legal implication of the ruling of the Edo State High Court is to the effect that the plan of the lawmakers-elect to take over the premises of the Edo State House of Assembly has suffered another set-back.”
Emwanta advised the 12 House of Assembly members-elect to present themselves to the Speaker of the Assembly, Hon. Frank Okiye, for inauguration instead of creating drama at the National Assembly or the courts.
On the constitutionality of the intervention of the House of Representatives and ultimatum to security chiefs, the Secretary to Edo State Government, Osarodion Ogie Esq., maintained 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,” 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 His Excellency, The Governor of Edo State 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 explained: “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 added that “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.
“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.”
