Obaseki: Reps Lack Constitutional Power To Shut Down Edo House Of Assembly

By Ayodele Oluwafemi

Governor Godwin Obaseki of Edo State has rebuffed the move by the House of Representatives to shut down the State House of Assembly saying the federal legislative body lacks the Constitutional powers to carry out the action.

He spoke in response to the orders made on July 17, by the House of Representatives to the Inspector-General of Police and the Director-General of the Department of State Services (DSS) to seal off Edo House of Assembly until a proper inauguration is done, amongst others.

In a statement issued in Benin City, through the Secretary to the State Government, Osarodion Ogie Esq., he maintained that  “there is nowhere in the Constitution of the Federal Republic of Nigeria, where the House of Representatives or even the National Assembly for that matter, is granted the right or power to shut down a State House of Assembly,” adding that “in point of fact such power is expressly excluded by the Constitution.”

Ogie said: “It has come to the attention of the Government of Edo State that the House of Representatives at its sitting on 17th July, 2019 purported to issue certain orders regarding the status and activities of the Edo State House of Assembly.

“Amongst others, it: Directed His Excellency, The Governor of Edo State to ‘issue a fresh proclamation for the inauguration of the House of Assembly’ and ordered the Inspector General of Police to shut down the premises of the Edo State House of Assembly and purported to make further orders in this regard.”

According to the SSG, “The Government and people of Edo State are appalled and disappointed at the gross illegality and abuse of process by the House of Representatives.”

He explained: “It must first of all be pointed out that the emergency supervisory powers over the activities of State Houses of Assembly which are contained in Section 11 of the Constitution of our Republic are expressly donated to “The National Assembly” and not one individual arm of it.

He added that “These powers certainly do not extend to issuing directives to a duly elected State Governor to unlawfully repeat an act which has already been fully carried out in line with the Constitution.

“It has further not been alleged or concluded by anyone that the Edo State House of Assembly is unable to sit. In fact, whenever the ‘self-exiled’ members-elect so choose, they can join their colleagues in plenary in Benin City.

“It is also instructive to note that while the members of the House of Representatives were busy in Abuja issuing their unlawful and unconstitutional orders, the fact-finding delegation of the Distinguished Senate (the upper arm of the National Assembly) was in Benin meeting with Stakeholders with a view to fashioning a road map to peace in our land.”

“Since the situation in the Edo State House of Assembly is a matter currently pending before two (2) Courts of competent jurisdiction, the Government of Edo State would not follow the contemptuous example of those who are currently commenting, adjudicating upon and giving directives on matters currently being litigated upon.”

He emphasised “Suffice it to say however that there is nowhere in the Constitution of the Federal Republic of Nigeria, where the House of Representatives or even the National Assembly for that matter, is granted the right or power to shut down a State House of Assembly, in point of fact such power is expressly excluded by the Constitution.”

The state government advised “those interested parties who sit in positions of authority in Abuja and are using their offices to influence the House of Representatives to take note that we all ultimately owe a debt of accountability to the good people of Edo State for our actions.

“We are certain that the Inspector General of Police, being a law-abiding Government Functionary will not act in disobedience to the Order of a Federal High Court in Benin, validly issue and served upon him restraining him from doing exactly what the House of Representatives now purport to direct him to do, which is to shut down the Edo State House of Assembly.

Both sides of this dispute are currently before the Court and we are shocked that the House of Representatives could allow itself to be made to act in breach of its own Rules which forbid it from entertaining or making pronouncements on matters before Courts.”

Edo government acknowledged its respect for the National Assembly, but noted that “we live in a nation governed by laws, where no single individual or group is permitted to utilise its privileged position to oppress and intimidate the people of an entire State.

“The Government does not intend to comment on the details of this House of Assembly dispute as same are clearly sub judice, but will ask all concerned to tread with caution so as not to precipitate crises simply in pursuit of selfish agenda.”

Ogie added: “We must state that the final verdict in this matter will ultimately be rendered by the good people of Edo State, for whose benefit Government exists. We are certain therefore that this illegality will not stand.”

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