Some legal experts yesterday faulted the move by the Senate to take over the Edo State House of Assembly within a week. The Red Chamber’s action will, however, depend on whether Governor Godwin Obaseki complies with another resolution mandating him to issue a fresh proclamation for the ‘proper’ inauguration of the house.
Adopting a report presented by its ad hoc committee, which investigated the development in the state assembly, the Senate claimed that the process leading to the June 17, 2019 inauguration was improper and a breach of global parliamentary practices.
It also mandated the governor to properly inform all the 24 members of the assembly through adverts in print and electronic media.
“In the event that a new proclamation is not issued as stated above within a period of one week, the National Assembly is at liberty to invoke Section 11(4) of the Constitution of the Federal Republic of Nigeria as amended,” the Senate declared.
But according to renowned constitutional lawyer James Ezike, the lawmakers have no right to interfere in the matter unless there is a complete breakdown of law and order necessitating the president to declare an emergency in the state.
To him, the order indicates Nigeria is yet to embrace true democracy, staggering instead under a military dictatorship where anything happens.
“If I were the governor, I will continue governing and go to court until everything goes down. I don’t see it as a matter of emergency; it is a matter of the majority of the house. Remember what happened between Saraki and Buhari. If they had the required number, as stipulated by the rule, that is the end of it. But if they did not, then they should do it again,” he said.
The National President, Committee for the Defence of Human Rights (CDHR), Malachy Ugwummadu, also expressed doubts if the Senate has any such supervisory powers over the governor or the assembly.
To the prominent rights lawyer, if there is such an order on the governor, then the Senate has acted ultra vires their powers under Section 11(4)&(5) of the 1999 Constitution.
“This particular section of the constitution, which vests powers in the National Assembly as a whole to take over the affairs of a state House of Assembly, can only be activated in instances when the assembly of a state is unable to meet or sit.
Source: Guardian
