A state in the Midwest area of Nigeria, Edo State has stayed in the news ahead of the governorship election planned to hold in September 2020.
The inhabitants woke up to a commando-film like circumstance on Friday after some police officers assumed responsibility for the Edo State House of Assembly.
The turn of event drove the state government, according to BBC Pidgin, to remove the roof of the assembly complex, maybe, to frustrate the offence.
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A spokesman to the Edo State government, Osagie Crusoe asserted that some influential politicians including some state governors from other states were liable for the crisis.
He said “It’s an attempt by Adams Oshiomhole and some members of the APC, including the governor of Imo State Hope Uzodinma
“They tried to forcefully seize control of the House of Assembly complex which is currently under renovation.
“We heard that they made fake mace somewhere and used it to storm the House of Assembly that is currently not functioning right now due to renovation, to illegally inaugurate parallel House of Assembly for the state on Thursday morning,” He told BBC Pidgin.
The EDHA issues peaked on Thursday after 17 lawmakers, among which were the 14 legislators who had not be initiated in objection to Obaseki’s proclamation, sacked the House Speaker, Hon. Francis Okiye.
Hon. Victor Edoror, representing Esan Central was confirmed promptly to supersede the fired speaker.
Also chose as the deputy speaker was Hon. Emma Agbaje representing Akoko-Edo II.
The circumstance further exposes the division between Governor Godwin Obaseki and his former partner, Ex-APC Chairman, Adams Oshiomhole.
Politicians in Benin have relinquish rationale and the law while they battle improperly for morsels and attention.
This is what happened when 14 lawmakers-elect who had denied passage or would not be initiated since June 2019 apparently sworn oaths of alliance, officiated by the Deputy Clerk, Mr Tom Efezokhae in an undisclosed area in Benin
The crisis shaking Edo State has depicted an all-out lack of respect for the rule of law and the inhabitants of the state.
“I think these politicians are taking Edo people for granted and running the state like its a private business. Its obvious Govr Obaseki is playing the game same way Oshiomhome did when he was in power,” a resident of the state said.
The current inauguration could be a reprisal to a similar inauguration by Godwin Obaseki in the night of June last year when only 10 out of the 24 members were inaugurated.
On June 11, there was more crisis as facts emerged that the 14 lawmakers were loyal to Adams Oshiomhole. It was also gathered that the governor swung into action after learning of the plans to impeach him, a directive from Adams Oshiomhole who was the then APC Chairman.
There were requests from aggrieved lawmakers demanding a fresh proclamation to enable all members of the Assembly to congregate to elect their leaders.
The governor refused a committee set up by the Senate on July 30 to request for a fresh proclamation citing a conflict of interest.
On August 3, the officials landed in court, where a Federal High Court in Port Court, ruled in favour of the governor, restraining him from issuing a fresh proclamation.
On September 12, the same court upheld the proclamation by the governor and stopped the National Assembly from taking over the Complex.
The government officials had told The London Post that the Assembly was always open for the 14 lawmakers for inauguration. However, an audio surfaced where a lawmaker was bragging that he was making more money in Abuja than actually submitting himself for inauguration in Benin.
In August, 2 out of the 14 lawmakers switched camps, while the remaining twelve remained in exile leading to the decision of the house to declare their seats vacant.
Unluckily, in January 2020, another Federal High Court stopped the Independent National Electoral Commission from conducting a by-elections for the 12 vacant seats.
A local newspaper, Thisday reported on Friday that the sudden effrontery by the 17 lawmakers was fuelled by the Attorney General of the Federation (AGF) and Minister of Justice, Mr Abubakar Malami who reportedly gave the legal opinion that led to the attempted takeover.
Was The Recent Inauguration Legal?
The legality of the inauguration has remained a public discussion. While many believed 17 members were more than 7, others have argued that the sacking of Okiye was illegal and unconstitutional.
The London Post had been asking questions around particularly from the inner circle and supporters of the 17 lawmakers and the outcomes have remained unclear painting the picture of a reprisal rather than legality.
A former Minitory Whip, DG Campaigns, APC Edo South Senatorial District Honorable Samson Osagie said in his response to The London Post that “There is no crisis except in the figment of the the non Democrats who have stood on the neck of democracy in Edo State By disallowing majority of the members elected to represent Edo people in the parliament.
“With the Inauguration of all the members of Edo State House of Assembly constitutional democracy has been restored in the state
Edo State now have the three arms of government in place contrary to the aberrant regime that Mr. Godwin Obaseki has been running in the last one year.”
When asked to predict the outcome of the crisis, Hon Osagie said “I predict a seamless running of Edo State government henceforth provided the Governor himself understands that the Edo State is not about him and his ambition alone”
Uncleared, This medium query further on the mathematical aspect of the inauguration coupled with the legality. The response still wasn’t clear.
Question: Thank you for your response. However, isn’t this case still in court?
Answer: So also is the case about the legality or otherwise of the Inauguration of Edo State House of Assembly on the 17th of June 2019.
“At this stage all the parties can in the interest of the state decide to withdraw their suits and that will put paid to the needless litigations which were precipitated in the first place by the uncanny and undemocratic approach to the Inauguration of Edo State House of Assembly in 2019.
“In all the bulk stops on Obaseki’s table who must stop his meddlesome interference with the smooth running of the House of Assembly a separate arm of government. He should learn to be a democratic rather than a despot”
Still unclear, we decided to query further:
Question: Was there anything wrong with the hostile takeover, particularly the location of the inauguration?
Secondly, as the case was still in court, wasn’t it illegal to do anything contrary pending the outcome?
Answer: No hostile take over of any house. Did you see any conflict except the irresponsible conduct of the head of Edo government who personally led thugs to invade the assembly and vandalized it?
Besides the venue of the Legislative business is as decided by the Speaker or a majority of the members. No law designates a particular place for sitting particularly in the instant case where even the minority members have relocated to one of the government properties in the GRA where they purported impeached their own Deputy speaker. If it is not wrong for them why should anyone question the decision of 17 out of the 24 members house to hold plenary elsewhere. Which is more important?
The venue of their sitting or the performance of their constitutional responsibility of Representating Edo people having been denied the opportunity for over a year after been elected by a despotic chief executive.
Further query:
Who inaugurated the 14 APC members? How many members were present at the inauguration? Doesn’t the house need a certain number of people to seat, at least 8 people?
Answer: Out of the 14 members that were shut out before 12 of them took oath administered by a Clerk of the House of Assembly. 17 members including 3 members that have originally been with the Okiye faction were present at the recent Inauguration.
More Questions: 17 was the number after they took the oath. My question is, long before now, the lawmakers have been sitting with the numbers of lawmakers on Obaseki’s camp. then recently, I understand that some of the lawmakers changed camps. Despite that, the numbers needed to form quorum would have still been short. How did they get the numbers to inaugurate the first 12?
Answer: There were no vacant seats please because you cannot declare a seat vacant when the holder hasn’t taken an oath of office.
At the Inauguration all the members elect are usually present. So they were all present and those that haven’t taken oath did.
Why are journalists looking for petty issues rather than focus on substance which is the need to have a full house of assembly to carry out it constitutional mandate.
I realized my question wasn’t answered, therefore, i made one last attempt.
Query: My concerns aren’t addressed yet, honourable. How many members were present when the first 12 were inaugurated? From what I know, the old members didn’t take a second oath which means the first oath, though argued, was valid. So, how many members present for the 12 new members to take the oath?
He replied “17 members were present sir. Period”
My question wasn’t answerd. Now read. First, the house is expected to have a total 24 members. Crisis divided them into 10 with Obaseki and 14 with Oshiomhole. As indicated above, 2 out of the 14 jumped ships, which led to a balance of 12-12.
From Honorable Osagie’s response, 3 members from Okiye was at the inauguration meaning 15 members were there in addition to the 2 members giving a total of 17 members. Since the procramation was put to rest, wasn’t there supposed to be a certain number of lawmakers present to form a quorum before the remaining 12 can be inaugurated?
My question wasn’t answered, therefore, I looked for another lawyer, this time, a Benin Based Private Legal Practitioner Douglas Ogbankwa Esq.,
who had argued in favour of the Edoror’s camp.
Reacting to The London Post’s query, Barr Ogbankwa said “The Clerk of the House choose to invite those on the Governor’s side in June, 2019 for a purported inauguration in the thick of the night. One of the Legislators even appeared in Knickers ,against the Standing Rules of the Edo State House of Assembly (As Amended),which abhors the wearing of such apparels
“It was a show of shame as even the then Commissioner of Police stated on Oath that the inauguration took place at about 9:30pm. The inauguration is usually a fun fare, with Members of the Public present, bands Constituents and the general public. By Law, all Members of the House should have been present, that is why Section 91 of the Constitution says a House of Assembly shall comprise of not less than 24 Members and not more than 40 Members .
“The House of Assembly was suddenly being renovated. Nature abhors no vacuum. The Doctrine necessity calls for what need to be done to save our Constitutional Democracy. If you have engaged in an established impunity it is clever by half, for you now to suddenly want to be an apostle of the Rule of Law .
“What goes around comes around, as I believe in the Rule of Law, the Courts must promounce on all these issues jointly and severally.
“This is a Society guided by Laws and no one is above the State.
“The House will first be properly constituted before the issue of quorum arises .
“You can not put some thing ,on no thing and expect it to stand .UAC v Macfoy (1964),Appeal Cases of England.”
The answer was more of a revenge than of the law. Both Obaseki’s camp and Ize-Iyamu’s camp are negating the rule of law in a battle that might seize the lives of some of their followers in the coming governorship elections.
Though backed by the law, the inauguration that took place in the wee hour in June 2019 was suspicious and the recent take over is a reprisal.
Since Adams Oshiomhole returned to the campaign trail, things are shaken up, audacity enhanced and Obaseki pushed to the defensive.
A former Publicity Secretary of the APC in Benin, Comrade Godwin Erhahon said “Normalcy returns to abnormal legislature. Former Speaker will surrender to the new order soon.
“The crisis will end in peace. I don’t see Governor Obaseki as candidate in the election. Time will tell”
A popular Edo man who didn’t want to be named attributed the crisis to desperation and pride.
“Desperation, pride and high arrogance has set in, so it’s going to be do or die. The governor has rightly or wrongly step on toes. They are hell bent on getting their pan of flesh and the governor is equally determined to hold on backed by the ordinary people.
In his response to The London Post query, a Professor of Comparative Constitutional Law, University of Benin, Professor Edoba Omoregie, currently a member of a sub-committee of Pastor Ize-Iyamu’s campaign said “We are in a democracy. Anything which has the effect of preserving and promoting majority rule, which is the hallmark of democracy, must be legally supportable.
“The Federal High Court sitting in Port Harcourt decided that the Gov. of Edo State had properly issued proclaimed the House. The court also held that what was left is for the remaining unsworn members-elect to be sworn in. That’s what happened today. I cannot only commend the rest of members members who joined to make this possible today. It’s a victory for democracy in Edo State.”
A UK based Edo Man, Mr Kede Aihie said “The current crisis, is borne out of disrespect for the rule of law, especially, with unlawful, swearing in of 14 members of the Edo State House of Assembly. By the way, their seats have been declared vacant and case is still in court. The case will be sorted out by the courts.”
“The seats of the 14 persons who gathered on Thursday, August 6th in a purported swearing in has long been overtaken by legal floods.
“These seats have been declared vacant by the Speaker, Hon Okiye. So they cannot be seen as lawmakers but law breakers, who have committed a treasonable offence having also forged the mace, which is the symbol of legislative authority and action.
“No matter the angle we choose to view the issues on ground from, as political actors have erroneously likened this act to the valid proclamation of June 9, 2019. The judgement of the Port Harcourt high court is still valid and never upturned.
“Any authority or action by anyone is criminal and ultra vires.
“Nigeria is not a banana republic neither is Edo a contraption,” a cousin of the Governor, Engr Owen Obaseki noted.
Effort to reach the factional speaker, Honorable Okiye was futile as his mobile phone was turned off.
A call was also placed to the other factional Speaker, Hon Victor Edoror but he didn’t answer his calls nor the text message sent to him.
Most of the responses garnered were meant to defend their political divide. Those who supported the sacking of Okiye do not have a proper argument while those against had previously supported the first proclaimation that took place in the wee hour.
Edo residents remain a victim of circumstances as two desperate camps negate all sense of reasonings and maturity in an attempt to ridicule their political enemies.
No one is winning, their triumph has remained a blinded victory and political aficionados in the state are worried about the radical approach both camps have employed so far.
A former Commissioner for Housing and Urban Development in Edo State Arch. Frank Evbuomwan appealed for peaceful election.
He said, “I call for a peaceful, free and fair elec tions devoid of violence of any kind. I ask that all actors especially the security agencies and INEC to ensure that the will of our people prevails through the ballot in the interest of peace, equity and democracy.”
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