Senate Affirms House Decision to take over Edo Legislature

The Edo State House of Assembly has been in the eye of the storm following the purported inauguration of the Assembly with only 9 Members-elect in attendance and the election of a Speaker. Although all 24 members of the Assembly belong to the All Progressives Congress (APC), two factions have emerged in the chamber, with one loyal to the State Governor, Godwin Obaseki and the other loyal to the National Chairman of the All Progressives Congress (APC) and former Governor of Edo State, Comrade Adams Oshiomhole.

Following the report of the ad-hoc committee of the House of Representatives set up to investigate the crisis in the State Assembly, the House of Representatives on Wednesday, July 17 2019, directed that Governor Obaseki issue a fresh proclamation to inaugurate the Edo State House of Assembly within one week. The House added that all actions taken by the current State Assembly be declared null and void pending proper inauguration and advised the Members to dissolve their factions in the interest of peace. The House further directed that the Nigeria Police and the Department of State Services (DSS) shut down the State Assembly and provide adequate security to avoid intimidation as alleged by some Members-elect. This was met with opposition as groups, including Civil Society actors, women and youths led protests in Benin, the State capital, arguing that the directive given by the National Assembly was uncalled for, since the matter was already a subject of litigation. However, the APC National Secretary, Lanre Issa-Onilu, speaking to newsmen in Abuja on Sunday, July 21 2019, insisted that the House of Representatives was correctly exercising its powers and as such, called Governor Obaseki to adhere to the rule of law.

Following the adoption of the report of the Senate ad-hoc committee on the Edo State House of Assembly crisis, the Senate aligned itself with the position of the House of Representatives as it directed Governor Obaseki on Tuesday, July 30 2019, to issue a fresh proclamation to inaugurate the Edo State House of Assembly within a week. It added that if the Governor fails to do so within a week, the National Assembly will invoke its constitutional powers to take over the legislative functions of the State Assembly. Reacting to this development, the Secretary to the State Government (SSG), Osarodion Ogie declared in a statement issued on Tuesday, July 30, 2019, that “this illegality will not stand”. The statement also made reference to the fact that the members of the Senate committee had been notified of at least three court cases regarding the subject matter and an order of the Federal High Court restraining various parties from interfering with the activities of the State Assembly. The Edo State SSG maintained that “there is nowhere in the Constitution particularly section 11(4) which enables the National Assembly to take over any House of Assembly” and that Governor Obaseki duly complied with section 105(3) of the Nigerian constitution, which empowers him to issue a proclamation for the inauguration of a House of Assembly, and has no power to recall same.

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