Rancour as Senate moves to take over Edo Assembly

.Gives Obaseki a week to issue fresh proclamation

.Your action illegal, Edo govt replies Senate

Tunde Opalana, Abuja & Titus Akhigbe, Benin

Following the protracted crisis in the Edo State House of Assembly, the National Assembly may take over the functions of the state assembly if the state Governor, Godwin Obaseki, fails to within one week issue a fresh proclamation for the inauguration of the assembly.

The Senate ordered Governor Obaseki to within a week issue a fresh proclamation after the three weeks as recommended by the committee that probed the impasse was amended by Senate Leader, Yahaya Abdullahi, who suggested a one -week ultimatum.

The governor was also ordered to formally inform the 24 members of the Edo State House of Assembly through a media advertisement in both the print and electronic media.

The Senate placed a caveat that should Obaseki fail to do so, the National Assembly will invoke Section 11(4) of the constitution to take over the state assembly.

These decisions were reached after the consideration of the report of its ad hoc committee set up to intervene in the assembly crisis.

However, the resolution to probably take over the Edo assembly did not go unchallenged as senators were sharply divided on the issue. The decision of the Senate however, generated a row, but the majority favoured the Senate’s resolutions.

While both Senators Adamu Aliero (Kebbi Central) and Sam Egwu (Ebonyi North) supported the Senate decisions, Senator Rochas Okorocha (Imo West) said that the Senate lacks the constitutional powers to take over the assembly. All of them were former state governors.

Sen. Aliero said the proclamation by the Edo State governor was not properly done and was shrewd in secrecy. He declared the proclamation and the subsequent inauguration of the assembly on June 17 as “illegal and should be declared null and void.”

Senator Egwu blamed Governor Obaseki for acting with impunity, saying that being a governor does not give room for doing wrong things.

He said: “I was a governor too. Being a governor does not mean that you have to do the wrong thing. A situation where the clerk said a governor sent a letter that the proclamation would be done on June 17 by 3pm, but based on the report of the commissioner of police, it was done by 10pm.

“Anything done in the night is a secret meeting; that’s suspicious and undemocratic. There was a purpose for that which was not good. If there is conflict among your members, the governor should be able to make peace and reconcile. For me, the governor did the wrong thing.”

Raising a contrary view, Sen. Okorocha expressed worry that the National Assembly might be making a wrong interference in an issue it lacks constitutional capacity.

He cautioned the National Assembly not to be eager to take over Edo assembly, saying that “it looks like the Senate is eager to take over the Edo State House of Assembly. This is a family problem of the APC which the leadership of the APC should have found a way to solve and not us stepping into a matter that I think we do not have the jurisdiction to do so.

“There is no proof whatsoever that the Edo State House of Assembly is not functioning. We had a case here where the mace was taken away and no other Senate came to take over the Senate.

“I think the caucus of the APC should try and settle this family matter rather than making it a National Assembly issue. We must not be eager to take over the Edo State House of Assembly.

“What is happening there is a complete failure of leadership and they should resolve it. I was once a governor; giving three weeks mandate to the governor is insulting on the government of Edo State.

“This is not proper. I advise that we should look into this before we bring ourselves to ridicule of interfering in a matter that we shouldn’t.”

Despite the dissenting opinion, Senate President Ahmad Lawan put the recommendations of the committee to a voice vote.

The Senate resolved “that the Edo State governor should issue a fresh proclamation letter for the proper inauguration of the 7th Edo State House of Assembly.

“That the governor formally informs all the 24 members-elect of the new proclamation through media adverts in print and electronic media in conformity with parliamentary best practice.

“In the event that a new proclamation is not issued as recommended within the period of three weeks, the National Assembly is at liberty of invoke section 11, subsection 4 of the 1999 Constitution (as amended).

Senate Leader, Yahaya Abdullahi made an amendment to the first recommendation, asking for a one week ultimatum for the governor to issue the fresh proclamation.

The amendment was ruled and adopted by Lawan without it being seconded by any other senator in line with parliamentary procedure.

Ruling, Senate President Lawan said that “as far as this issue is concerned, this has been laid to rest. The Senate has taken a decision and it is in conformity with that of the House two weeks ago.

“I believe that our colleague, Senator Jev, can bring this point of order at an appropriate day if it would do any good. I believe that this resolution should be sent immediately so that the one week is not reduced by keeping the letter here.

“The National Assembly must insist on the right thing to be done even by state governors. This is the home of democracy; it is the highest legislative chamber. Whether the National Assembly query decisions by the President, I don’t see the reason why when there is an error or misjudgement or something undemocratic that the National Assembly should stay away from it.

“This motion was taken on July 10. We had three weeks to allow for some political process. I believe that has proved impossible. I want to congratulate the Senate for coming to the rescue of democracy and I believe that the message is very clear. We want this issue resolved. We are not in a hurry to take over. The one week is to allow for the proper thing to be done.”

Reacting to the Senate resolutions, the Edo State government described the Senate’s decision as unconstitutional and a flagrant disregard for the principle of separation of powers.

In a statement issued and signed by Secretary to the State Government, Osarodion Ogie, the state government said the action of the Senate is tantamount to be best described as an illegality that will not stand.

Ogie said that “this illegality will not stand. I advise all powerful persons not to be allowed to set our state ablaze, merely to satisfy their thirst for power and control”.

The statement reads: “The Edo State government watched with alarm today (Tuesday, July 30) as the Senate in a step that was not totally unexpected, purported to pass a resolution in the following terms; directing the governor of Edo State to issue a fresh proclamation for the inauguration of the state House of Assembly and ordering a fresh inauguration of the House of Assembly within one week from the date of the said resolution.

“As earlier mentioned, this move was not unexpected in the light of the enormous political pressure which had been brought to bear on the officers and members of the Senate by the highly placed and powerful persons who are intent on foisting their will and choices on the good people of Edo State.

“This is borne out by the recorded statements made by one Seid Oshiomhole (a member-elect and younger brother of the National Chairman of the All Progressives Congress, Comrade Adams Oshiomhole) wherein he boasted that the Senate President, Ahmed Lawan and the Speaker of the House of Representatives, Femi Gbajabiamila, have been instructed on what to do in this matter.

“The government of Edo State wishes to observe that the chairman and members of the Senate ad hoc committee which visited Edo State were made aware of the existence of at least three suits pending before various courts wherein the factual and legal dispute regarding the state House of Assembly inauguration have been submitted to the courts by both contending parties for resolution.

“The ad hoc committee also failed to inform the Senate of the existence of a valid injunction in suit No FHC/B/OS/70/2019 wherein the Federal High Court restrained various parties from interfering in any manner with the activities of the state House of Assembly which said order had been brought to their attention in the course of their visit to Edo State.

“In point of fact in suit FHC/PH/CS/159/2019, the National Assembly, the clerk of National Assembly, the President of the Senate and speaker of the House of Representatives amongst others were specifically ordered by the Federal High Court to maintain the status quo as at July 25, 2019.

“The Edo State government is further aware that in suit FHC/ABJ/CS/815/2019, wherein the clerk and the National Assembly are defendants before the Federal High Court in Abuja, the National Assembly and the clerk have not only been duly served with the processes, but have entered appearances in the matter.

“It is unfortunate that the Senate would act in flagrant breach of these various court orders and purport to come to factual and legal conclusions concerning a matter in which the parties are already before the courts and therefore, sub-judice.

“We are also concerned that the Senate appears to have very scant regard for the principle of separation of powers as enshrined in our constitution which is manifested by their taking over the functions of the judiciary in dispute resolution and giving directives to a governor of a state who is certainly not subject to the supervision of the National Assembly.”

“The Edo State Government maintains that there is nowhere in the Constitution particularly Section 11(4) which enables the National Assembly to “take over” any House of Assembly or in this respect, the Edo State House of Assembly.

“It must be further observed that it has always been the contention of the Edo state Government that the power to issue a proclamation for the Inauguration of a House of Assembly as set out in Section 105(3) of the Constitution of the Federal Republic of Nigeria was duly and completely complied with and it is not within the power of the Governor to recall same once issued or to perform the same act multiple times. Once the Governor issues a proclamation letter, his job is done.

“It is the duty of the Clerk of the House of Assembly to inaugurate the House of Assembly and he has since performed that task. He has further approached a Court of law to seek a validation of his actions. The pronouncements of the Distinguished Senate on the subject (with respect) is clearly misconceived and would amount to interference in the role of the Courts which may in fact constitute contempt with which the Governor would not wish to be associated.

The government of Edo State firmly believes that our State is not a colony or a vassal of any person or persons exercising power in Abuja and we shall take all necessary steps within the ambit of the law to defend and validate our position and actions on this matter.

“We call on all persons of goodwill to call the powerful wielders of ‘power and authority” in Abuja and elsewhere to refrain from acts which are clearly unconstitutional, undemocratic and a flagrant disrespect for the principle of due process and separation of powers.

“These powerful persons should not be allowed to set our state ablaze merely to satisfy their thirst for power and control”.