Home / local gossip / Edo Assembly Makes A Mockery Of Nigeria’s Constitution

Edo Assembly Makes A Mockery Of Nigeria’s Constitution

By: Philip Ike Abiagom

The Edo State House of Assembly saga took a new twist on Thursday, August 6, when dozens of heavily armed security operatives stormed the complex. As early as 8 am, operatives attached to the Police Mobile Force and Operation Thunderstorm occupied the complex in Benin City, the state capital. They were later joined by personnel of the Nigeria Security and Civil Defence Corps (NSCDC), preventing entry and exit into the Assembly premises.

The development as it was gathered was purportedly to forestall an alleged plan to attack the legislative building by some unnamed persons. A short while after the police took over the complex, some supporters of the People’s Democratic Party (PDP) in Edo thronged the scene, chanting solidarity songs in support of the current leadership of the Assembly.

While that was going on, the state Governor, Godwin Obaseki, who is seeking re-election on the PDP platform, also arrived at the complex alongside the Speaker of the House, Frank Okiye, and went straight into the Assembly premises without resistance from the security operatives.

Impeachment Of Deputy Speaker

A day before the drama, the Deputy Speaker of the House, Hon. Yekini Idiaye, was impeached by the lawmakers on grounds of alleged gross misconduct.

The impeachment was sequel to a motion moved by Henry Okhuarobo (Ikpba-Okha) state constituency and seconded by Marcus Onobun (Esan West) state constituency

Speaking, Okhuarobo said, “Mr. Speaker with me is a notice of impeachment of the Deputy Speaker of the house signed by two-third members of the house.

“The impeachment of the Deputy Speaker is on the grounds of gross misconduct and divulging of official secrets,” Okhuarobo said. The lawmakers following deliberations on the petition unanimously adopted the motion through a voice -vote.

The Speaker, Francis Okiye, thereafter pronounced the deputy speaker impeached.

In his place, Roland Asoro was made the Deputy Speaker of the House shortly after he was nominated and the oath of office and allegiance administered on him by the Speaker.

The motion for the nomination of Asoro as the new Deputy speaker was moved by Hon. Emmanuel Okoduwa (Esan North East I) and seconded by Ephraim Aluebhosele (IEsan South-East).

Invasion Of Assembly

The invasion of the Assembly turned into a drama when Obaseki left the premises after addressing the supporters, as trucks drove to the complex where they off-loaded sand and gravel in front of the Assembly in what the government explained was part of an ongoing reconstruction work at the complex.

Also, some unknown persons climbed the roof of the complex where they removed the mace, as others believed to be construction workers were also seen removing the rooftop of the building in what appeared to be part of the renovation exercise. When asked why they were taking such action, they said they were working on instructions from the appropriate authorities.

Despite the unsettling events at the complex, the Deputy Governor, Philip Shaibu, and Okiye inspected the ongoing work at the site where they unveiled a prototype for the rebuilding of the Assembly Complex.

The blockade of the Assembly complex as well as the removal of its rooftop, which seemed to be a new twist in the political sphere in the state, have led to a war of words between the PDP and the APC.

On the same day, another drama played out with the reported impeachment of the Speaker, Okiye, by 17 lawmakers. The 17 lawmakers were said to have met at an undisclosed location where they impeached Okiye.

Fourteen of those lawmakers were those who were not inaugurated as lawmakers and whose seats were controversially declared vacant by the minority 10 lawmakers led by Okiye.

The recent crisis in the House is believed to be the continuation of the logjam occasioned by the controversial inauguration of the legislature on June 17, 2019, which saw only 10 members being sworn-in by Obaseki. Those who were not sworn-in were said to have been loyal to Oshiomhole, with whom Obaseki had become estranged in the events leading to the 2019 general election.

The 17 lawmakers after their inauguration, sat, sacked Okiye as Speaker and elected Hon. Victor Edoror to replace him.

Malami Fingered In Crisis

While reacting to his purported removal, Okiye said the action of the 17 lawmakers attempting to take over the House was illegal, saying they were misguiding the Attorney General of Federation (AGF), Abubakar Malami.

The newly inaugurated lawmakers were said to have the backing of Malami, who had allegedly directed the Inspector General of Police (IGP), Mohammed Adamu, to provide security for them.

The AGF, who acted on a petition by the 17 lawmakers’ lawyer, had, in a memo dated August 5, 2020, requested the IGP to “kindly provide adequate security measures for the inauguration of the 17 members and the subsequent sittings at the Edo State House of Assembly”. This led to Thursday’s drama that played out at the Assembly premises.

According to Okiye in his reaction, “The AGF did not have all the facts relevant to the matter, before it issued the advisory and directive to the police to intervene in the affairs of the Edo State House of Assembly.”

The embattled Speaker, who shared details of pending and concluded litigation having a bearing on the Assembly, said, the Federal High Court sitting in Port Harcourt, with Suit no. FHC/PH/CS/159/19, gave a final judgment on September 19, 2019, and held that the Assembly was properly inaugurated on June 17, 2019, and that the House is sitting and carrying out its functions.”

He added, “The Court also restrained the Governor of Edo State or any other person from issuing the second proclamation to restart the House.

“Suit No. FHC/AB/CS/1582/2019: Rt. Hon. Victor Sabor Edoror and 13 others against Hon. Frank Okiye (The Speaker, Edo State House of Assembly and Anor). This is a suit filed by the then 14 members-elect of the Edo State House of Assembly, who refused to take the oath of office and consequent upon which their seats were declared vacant by the Speaker of the Edo State House of Assembly. They filed this suit to challenge the declaration of their seats vacant by the Edo State House of Assembly. The case is still pending in Federal High Court No. 4, Abuja.

“Suit No. B/81/OS/2019: Rt. Hon. Victor Edoror and 2 others vs Hon. Frank Okiye and others. In this suit, the claimants who were members-elect of the Edo State House of Assembly, who refused to take the oath of office, challenged the proclamation made by the Governor of Edo State to hold the first sitting of the House on the 17th day of June 2019 and election of officers of the House. This suit is currently pending before Hon. Justice S. A. Omonua.

“From the foregoing, it is clear that all matters relating to the functioning or otherwise of the Edo State House of Assembly and/or its members are sub judice,” the Speaker added.

Edoror, while responding, explained that the issues in court were already being sorted out and could not be a hindrance to his assumption.

He said, “We that went to court can withdraw and they that went to court can also withdraw. We have two cases in court, the one they sued us for and the one we sued them for and the one that they sued. It was Hon Yekini Idiaye that went to court and he is here with us and I am the one that sued and I am here and since we have been inaugurated, arrangement is on to withdraw my case and arrangements are in place too for Hon Yekini to withdraw his case, once that is done, no litigation in court. But if they so wish that what we have done is not legal in their sight, they should go to court. We have been in court and we have been patient for one year and a half now.”

Edoror also maintained that his group had begun sitting and would continue to hold plenary sessions, “If possible, we would access the Assembly building and sit there. The House of Assembly is our property. We are not under the governor’s appendage. We are an independent organ. The governor, in the name of renovation, cannot disturb our proceedings. If it is possible, we will go there and sit. However, our inability to access the complex will not hinder the legislative process in the state. We will continue to sit for the people.

“Business has started, we are ready for business because the legislative arm of government has suffered a great deal, and there has been no work since the beginning of this session. We have a lot of work to do, a lot of backlogs, so we have started.”

Tinubu, Atiku, Others Worried

Reactions have continued to trail the crisis with the ruling APC and opposition PDP pointing accusing fingers at each other.

National Leader of the APC, Asiwaju Bola Tinubu in a statement, blamed Obaseki for the political tension in the state.

Tinubu maintained that Obaseki’s impeachable offence and strong “arm tactics of dictators” is the cause of the political violence in the state.

“The recent actions of the Governor of Edo State represent the gravest possible assault on constitutional democracy and the rule of law and escalation of violence and tension in the state he purports to govern.

“Not satisfied with making a mockery of our constitution by blocking the timely inauguration of two-thirds of the elected members of the Edo State House of Assembly, Governor Obaseki has now resorted to the strong-arm tactics of dictators,” he added.

Tinubu said the governor’s actions showed that he has placed himself above the legislature, “deciding who gets in and who is shut out” and he has “betrayed contempt for the people of his state and, unfortunately, his ignorance of Nigeria’s constitutional order.

“As a Governor he ought to know better than to obstruct the functioning of his own legislature, but perhaps he is in need of a quick lesson,” Tinubu said.

The former Lagos State governor said Obaseki has spent state funds to thwart the very apparatus of the state government he was sworn to uphold.

“He has squandered public money to defeat the very will of the public. This is tragic beyond words,” Tinubu said.

The PDP, while addressing newsmen a day after the Assembly incident, frowned on the AGF’s directive to provide security for the Edoror group.

PDP’s National Publicity Secretary, Kola Ologbodiyan, said “Perhaps, the Attorney General should be made aware that the said individuals have been absent for 180 days during which they abandoned their mandate and for which their seats were declared vacant in line with the rules of the legislature and the laws of the federation.”

The party also took a swipe at Tinubu for likening Governor Obaseki to a dictator.

Tinubu had described Obaseki as a dictator following the controversy that engulfed the House. Replying the former Lagos State governor, PDP said: “Our campaign notes that Asiwaju’s position also confirms allegations that some people in the APC are bitter with Governor Godwin Obaseki because he (Obaseki) refused to allow the APC cabal to have access to Edo treasury as well as his refusal to foist illegal levies and taxes on the people.

“It is however imperative for leaders like Asiwaju not to allow himself to be dragged into putting personal and group pecuniary and political interests over and above the collective interest and wellbeing of the people of Edo State.”

The APC on its part said in an assembly of 24 people, seven members cannot be greater than 17 members. The party in a statement by its Deputy National Publicity Secretary, Yekini Nabena also condemned the sudden decision to renovate the state Assembly Complex, describing it as a return to the dark days of the PDP.

“While we urge our security services to stay vigilant and be guided by the law in its efforts to prevent a breakdown of law and order, we also call on all parties and their proxies to ensure peace and adherence to the rule of law in all their actions.

“Amid the leadership crisis rocking the Edo State House of Assembly, the sudden renovation of the state’s legislative complex purportedly by the state government takes us back to the backward days of Peoples’ Democratic Party (PDP) administrations which normalised the desecration of other arms of governments to achieve political ends.”

It said Nigerians would also recall how the ‘PDP introduced the repugnant 16 is greater than 19 political formula’, adding that by all standards, it is illegal to deny duly elected legislators their constitutional rights to represent their constituencies in government.

“For the 24-member Edo State House of Assembly, 7 cannot be greater than 17. Those days are gone.

“The independence of the legislature as an important arm of government must be guaranteed and protected without interference from the government (executive), partisans and other non-state actors. The activities of the Edo State government on the State House of Assembly are a brazen assault on our constitution and the rule of law.

“The governorship election in Edo state is forthcoming. The electorate must be allowed to cast their votes peacefully and not under threats of violence by the PDP and the state government,” APC added.

Former vice president, Atiku Abubakar, stated that the ongoing crisis in the House of Assembly poses a threat to the coming governorship election in the state.

According to Atiku, “Nigeria has been on edge due to the brinkmanship of those charged with democratic leadership. We must, as a nation, not escalate the already tense atmosphere in our polity.

“What is happening in Edo State is a threat to constitutional order nationwide, and I strongly urge belligerent forces to reign in their proxies and abide by the rule of law. As I have previously said, without the rule of law, there will be no rule at all.

“The current goings-on portend grave danger, not only to law and order in that state but to the coming Edo elections.

“The people of Edo State should be allowed to choose who they wish to govern them, and that choice is to be made on September 19, 2020. Pending then, everything legally possible must be done to preserve the status quo.”

Conference of Speakers of State Legislatures in Nigeria in its reaction, accused Obaseki of running an autocratic government in the state.

The Conference condemned the siege on the State Assembly by men suspected to be loyal to the governor.

The statement, which was signed by the conference on behalf of its chairman, Rt. Hon. Mudashiru Obasa, noted that the removal of the roof of the Assembly building is an injury to Nigeria’s democracy and must be condemned by all well-meaning Nigerians.

According to the statement, the Speakers described the brazen manner the suspected political thugs took over the Assembly, removed the roof and broke the symbolic mace, which were all captured in a recorded video, as sheer recklessness.

The Conference accused the state government headed by Obaseki as “autocratic and dictatorial”, adding that whatever defence the latter has for the action does not “hold any water”.

“It is sheer recklessness and a proof of dictatorship for a governor who is supposed to be the head of the executive arm of government to decide to take charge of another arm through questionable means like it happened in Edo.

“There were reports linking the removal of the roof and the offloading of gravel at the complex to purported plans by the government to renovate the Assembly but we think this is an afterthought,” the statement read in part.

The Conference wondered how the idea of renovating the Assembly suddenly came up just weeks to the governorship election in the state and in such manner creating a mockery of the electioneering process and democracy.

“Why is the government just realising the need to renovate the complex at the twilight of the administration? What happens to the building if the governor does not return? What happens if the next administration does not take that direction?

The statement further questioned the role played by the Commissioner of Police in the state, Babatunde Kokumo, accusing him of allowing himself to be used as a tool to perpetrate an attack on democracy in the way the drama panned out at the Assembly complex in the state.

While strongly warning the governor and those participating in the electoral process in the state to desist from doing anything that would affect the smooth running of the Edo House of Assembly, the Speakers reminded Obaseki that the removal of the Assembly roof does not stop the lawmakers from sitting as the Constitution of the country does not limit plenaries to the hallowed chamber alone.

Factional Speaker Warns Obaseki

Meanwhile, the factional Speaker of the Edo State House of Assembly, Victor Edoror, has warned Governor Obaseki not to violate constitutional provisions, if he does not want to be impeached.

Edoror, who reportedly spoke after Wednesday’s sitting of his faction at an undisclosed address at the Government Reserved Area of the state, said the decisions taken at the sitting were binding, noting that if the executive refused to implement them, it would have grave constitutional implications.

When reminded that he had always maintained that his group was not out to impeach the governor, Edoror replied, “If they refuse to carry out our instructions, it has huge constitutional implications.  I don’t think they can afford to make that mistake.

“We are not ready to impeach, unless they demand it by trying to flout provisions of the constitution. You cannot just impeach anybody unless he commits an offence

“We can’t impeach anyone who does not go against the law. Offences must have been committed, constitutional provisions must have been violated before talking about impeachment. For us, we don’t intend to impeach anyone.”

He praised members of the faction for a rancour-free deliberation, adding,” We received petitions, we deliberated and made pronouncements on issues of state importance.

He also assured the people of the state of quality representation and deliberation.

The factional speaker said, “We are going to make sure that the people of Edo receive the dividends of democracy. We are not out to impeach anybody contrary to what is being peddled around. We are out to give legislation to the people and provide quality service. We have no ulterior motive.”

The group, while condemning the destruction of the Anthony Enahoro Complex of the State House of Assembly, said it was unsafe for members to sit there.

The faction also debated the petitions brought before it. It described as unlawful the removal of the chairmen of Etsako East, Esan West and Etsako West, saying their removal was an infringement to their fundamental human rights and abuse of office.

The Speaker also set up a five-man committee to investigate the matter and report back to the house.

The house adjourned to 18 August, 2020.

 

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