The All Progressives Congress, APC, and Peoples Democratic Party, PDP, were on Thursday, August 1, 2019, locked in a war of words over the ultimatum given Governor Godwin Obaseki by the Senate to issue a fresh proclamation for the state House of Assembly.
This came as an elder statesman, Edwin Clark, and Conference of Nigerian Political Parties, CNPP, lampooned the Senate for the seven-day ultimatum given the governor last week on the issue, saying it was unconstitutional.
Meanwhile, Benin Chamber of Commerce Industries Mines and Agriculture, BENCCIMA, has raised the alarm that the crisis in Edo Assembly might take a toll on businesses in the state, if urgent steps were not taken to address it, and called on the warring factions to sheath their swords and embrace peace in the interest of the state and its citizens.
Lanre Issa-Onilu, the spokesman of APC, said in his reaction: “The issue is that there was supposed to be a proper proclamation of the Houses of Assembly in Edo and Bauchi states and in both cases, what happened has fallen short of expectations.
So, do the right thing and, thereafter, you can deal with whoever you think is your problem. “Our only concern is that the rule of law must guide us in whatever we do. We must end the rule of impunity in this country. “As to what should happen, the National Assembly is clearly empowered in a situation where it is clear that a particular House of Assembly is not able to conduct its business. The law is clear on what should be done.
The issues of a godfather, godson and the rest, is irrelevant in this issue.’’ On his part, an official of Peoples Democratic Party, PDP, who didn’t want his name in print, said: “Where is it provided in the 1999 Constitution (as amended) for the National Assembly to give orders to a governor? As far as we are concerned, that directive by the Senate is illegality.
‘’We are a nation governed by laws and as much as possible, we must adhere strictly to the provisions of the laws of our lands.’’ Clark in a statement, said: “The Senate seems not to be aware of, or is too possessed by a mindset that blinds it against the many provisions in the Constitution that supersede the mere fact that the two components of the National Assembly working in tandem, on the Edo State Project.
What the law says
“For the avoidance of any doubt, I ask the National Assembly to take into serious consideration, Section 11 (4), which states: ‘At any time when any House of Assembly of a state is unable to perform its functions by reasons of the situation prevailing in that state, the National Assembly may make such laws for the peace, order, and good government of that state with respect to matters on which a House of Assembly may make laws as may appear to the National Assembly to be necessary or expedient until such time as the House of Assembly is able to resume its functions; and any such laws enacted by the National Assembly pursuant to this section shall have effect as if they were laws enacted by the House of Assembly of the State: “‘Provided that nothing in this section shall be construed as conferring on the National Assembly power to remove the Governor or the Deputy Governor of the State from office.’
“Also, Section 11(5) states that, ‘For the purposes of subsection (4) of this section, a House of Assembly shall not be deemed to be unable to perform its functions so long as the House of Assembly can hold a meeting and transact business.
“For goodness sake, the situation in the Edo State House of Assembly does not even look like it is pointing in that direction. Section 101 allows every legislature to adopt its own rules. On the issue of the governor’s proclamation of the commencement of the legislature term, indeed, Section 105 (3) rests exclusive prerogative of that function squarely with the governor.
“It states that ‘Subject to the provisions of this constitution, the person elected as the governor of a state shall have the power to issue a proclamation for the holding of the first session of the House of Assembly of the state concerned immediately after being sworn in, or for its dissolution as provided in this section.
“It is unconstitutional and wrong for the National Assembly to ‘order, direct’ the Edo State governor to issue a fresh proclamation. Section 3 places such activity squarely on the Exclusive List.
How it happened at NASS in 2015
“Your Excellency, the Senate President, and Senators let me draw you back to memory lane. In 2015 when the 8th National Assembly was inaugurated, not all the members of the National Assembly were present that fateful morning.
“There was an announcement that all elected APC members in the National Assembly should assemble at the International Conference Centre that very morning, and Mr President, as the leader of APC, who had just returned from an overseas trip, was to address the members at the meeting before going to the National Assembly for the inauguration.
Meanwhile, some members of the National Assembly, instead of going to attend the meeting at the International Conference Centre, ICC, gathered at the National Assembly for the inauguration.
“Thereafter, the former Senate President, Bukola Saraki, was elected President of the Senate unopposed because other Senators-elect, including the present Senate President of this 9th Senate and who was the choice of the APC, was at the ICC, and a PDP Senator, Ike Ekweremadu, was thereafter, elected as Deputy Senate President.
“The present Speaker of the House of Representatives, rushed from the ICC, after the House of Representatives had been inaugurated, but he was defeated by Yakubu Dogara who became the Speaker of the 8th House of Representatives, not because he (the present Speaker) was unpopular, but because most of his party members were not present, a situation which gave Dogara, the leeway to defeat him using the majority votes of the Peoples’ Democratic Party, PDP.
“The above action in sync with Section 102 of the 1999 Constitution which states that: ‘A House of Assembly may act notwithstanding any vacancy in its membership, and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the House shall not invalidate such proceedings.
“Both the inauguration and the elections of President of the Senate, the Speaker and the Deputy Speaker were accepted by your party. And so it was how Saraki emerged as the President of the 8th Senate and Dogara emerged as the Speaker of the 8th House of Representatives.
And the 8th National Assembly functioned properly, throughout the life of the 8th National Assembly.
“What is happening in Edo State House of Assembly is exactly what happened during your time in the 8th National Assembly.
“Another bizarre footnote on this National Assembly crusade against the Edo State House Assembly, and, by extension, the state governor, is the sickening shutting of eyes and ears in the provisions that concern the relationship of the checks and balances roles of the three arms of government.
In so doing, the National Assembly gravely insults the judiciary and the constitution, itself, which gives the role that it is striving to play, ingloriously, exclusively to the judiciary.
“Finally, Mr Senate President, and all senators, I hereby strongly appeal to you, as I did, last week to the entire membership of the House of Representatives, to disembark from this unconstitutional quest on the Nigerian boat, before the situation gets out of control.”
NASS undermining court cases — CNPP
Similarly, Edo State chapter of CNPP in a statement by its chairman, Roy Oribhabor, said: “It is sad to note that the National Assembly has failed to live up to expectations, the way and manner they hurriedly handled the Edo State Assembly issue thereby undermining the pending court cases.
“CNPP frowns at the way National Assembly took their decision as it shows serious bias to undermine Edo State House of Assembly and by extension Edo people by deliberately overlooking existing court order to favour their paymaster or to intimidate and harass Edo people.
“We wish to state clearly that Edo House of Assembly was properly constituted as required by laws, therefore, we call on members-elect to as a matter of patriotism and love for those who elected them to submit themselves for inauguration accordingly.
“We call on Edo State government to remain focused despite some characters who are working hard to undermine the government and oppress Edo people. We call on the governor to exercise his full authority and power to protect Edo people.
“We humbly call on the Oba of Benin and all prominent sons and daughters of Edo extraction to intervene as this matter needs home settlement.”
Read more at Vanguard
