- State speaker kicks as federal lawmakers declare all legislative actions illegal, threaten takeover of legislative functions
The crisis rocking the Edo State chapter of the All Progressives Congress (APC), which has led to the factionalisation of the state House of Assembly, festered Wednesday as the House of Representatives declared illegal the June 17 proclamation of the state legislature by the Governor, Mr. Godwin Obaseki.
The House, while considering the report of the ad hoc committee it set up to probe the division in the state legislature, asked Obaseki to issue a fresh proclamation for the inauguration of the Assembly.
It was learnt that governor would ignore the directive of the House of Representatives because his hands have been tied by the constitution.
The House of Representatives gave him one week to do so or have security agencies shut down the state legislature or the federal lawmakers would take over the Assembly’s legislative functions.
A top government official Wednesday stated that, shortly after the House adopted the report of the ad hoc committee that the resolution was illegal.
The source said the governor had discharged his constitutional responsibility on the issuance of a proclamation for the holding of the first session of the legislature and his hands are tied by Section 105(3) of the 1999 Constitution(as amended), from re-issuing another one.
Section 105(3) of the 1999 Constitution (as amended), which empowers a governor to issue proclamation for a state legislature, reads: “subject to the provisions of this Constitution, the person elected as 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 Speaker of the House of Assembly, Hon. Frank Okiye, also faulted the resolutions of the federal lawmakers and urged security agencies to respect subsisting court order that the legislature should not be disturbed from performing its lawful duties.
The House had set up the ad hoc committee, chaired by Hon. Abdulrazak Namdas, to probe the crisis triggered by the controversial inauguration of the state legislature on June 17 during which nine out of the 24 lawmakers-elect then were sworn in and elected Okiye as Speaker.
Two additional members-elect were sworn in a week later by the Clerk of the House, Yahaya Audu Omogbai, bringing the total number of lawmakers that had taken their oath of office to 11.
At Wednesday’s plenary, the House considered the report of the committee, set up on July 9, and called on Obaseki to issue fresh proclamation for the inauguration of the Edo State House Assembly.
The House declared all actions taken by the 7th Assembly members null and void, pending proper inauguration.
It threatened that where the governor refuses to comply with the recommendations, the National Assembly would invoke the provisions of Section 11(4) of the 1999 Constitution (as amended) to take over the functions of the state House of Assembly until the situation normalises.
Part of the recommendation reads, “The Governor of Edo State, Mr. Godwin Obaseki, in the interest of peaceful co-existence of the state, should issue a fresh Proclamation within One (1) week in line with Section 105(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), stating the date, time and venue and publish in any national daily and television station.
That all actions taken by the 7th Assembly members should be declared null and void pending proper inauguration.
“All members of the Edo State House of Assembly, both those who have been inaugurated and those who have not been inaugurated, should dissolve their factions in the interest of peace and stability of the House with the view to moving the state forward.
“The Inspector General of Police (IG) and the Director General (DG), Department of State Service should shut down the Edo State House of Assembly and provide adequate security to allay further fears of intimidation and threat as alleged by members-elect.
“Where recommendations (i) (ii) and (iii) above fail, the National Assembly should invoke the Provisions of Section 11(4) of the 1999 Constitution (as amended) to take over the State House of Assembly until the situation normalises.”
However, THISDAY checks revealed yesterday that the House of Representatives recommendations might worsen the war of attrition in the state chapter of the ruling All Progressives Congress (APC).
It was learnt the governor left for Abuja for consultations on the raging crisis that has pitted him against his predecessor and current APC National Chairman, Comrade Adams Oshiomhole, would not comply with the House recommendations.
The remaining 13 lawmakers-elect who have relocated to Abuja since the onset of the crisis belong to the Oshiomole faction of the APC while the 11 lawmakers who have been sworn in are supporting the governor.
Edo: No Fresh Proclamation
Giving an insight into the crisis, a top government official in the state said, there was no way the governor would comply with the decisions of the House.
The source said: “The governor will not issue any proclamation again. The constitution says the governor shall issue a proclamation letter.
That is how it has been done. Not proclamation letters. The constitution is very clear on this. The constitution says the governor shall issue a proclamation letter. That is where the function of the governor begins and ends with respect to the inauguration of the House.
“So from then on, it is the business of the House to do their inauguration. The governor has done his part once and for all. No matter what anybody says, nobody would issue another proclamation.”
On the order by the House of Representatives to security agencies to stop the state legislature from discharging its responsibilities and the threat to take over the functions of the state House of Assembly if the security agencies failed to comply, the source described the decisions as illegal.
According to the source, there is a subsisting court order that forbids the security agencies and others from interfering or disrupting the activities of the state House of Assembly.
“There is a subsisting court order which restrains the DSS, the police, the military and everybody from interfering with the House of Assembly.
That court order exists, which prevents the police from legally coming to take over the House. So, if the police are coming here, it means they are on an illegal assignment and they would be resisted.
Since the National Assembly cannot take over the state House of Assembly on its own but can only order the police to do so, that would still amount to an illegality,” the source added.
Source: THISDAY
