The Edo State Government has accused the Senate of actions capable of
plunging the state into crisis of a monumental proportion.
A statement signed by the Secretary to the Edo State Government,
Osarodion Ogie noted with dismay a directive from the Senate through a
resolution directing the State Government to issue a fresh proclamation
for the inauguration of the Edo House and inaugurate the Assembly within
one week.
The statement reads:
The Edo State Government watched with alarm today as the distinguished
Senate of the Federal Republic of Nigeria in a step that was not totally
unexpected, purported to pass a resolution in the following terms: –
Directing the Governor of Edo State to issue a fresh proclamation for
the inauguration of the Edo State House of Assembly.
Ordering a fresh inauguration of the Edo State House of Assembly within
one (1) week from the date of the said Resolution.
As earlier mentioned, this move was not unexpected in the light of the
enormous political pressure which had been brought to bear on the
Officers and Members of the distinguished Senate by the highly placed
and powerful persons who are intent on foisting their will and choices
on the good people of Edo State.
This is borne out by the record statements made by one Seid Oshiomhole
(a Member-elect and younger brother of the National Chairman of the All
Progressives Congress Comrade Adams Oshiomhole) wherein he boasted that
both the Senate President Senator Ahmed Lawan and the Speaker of the
House of Representatives Rt. Hon. Femi Gbajabiamila have been instructed
on what to do in this matter.
The Government of Edo State wishes to observe that the Chairman and
Members of Ad-Hoc Committee of the Senate which visited Edo State were
made of the existence of at least three (3) suits pending before various
Courts wherein the factual and legal dispute regarding the Edo State
House of Assembly inauguration have been submitted to the Courts by both
contending parties for resolution.
The Ad- Hoc Committee also failed to inform the senate of the existence
of a valid injunction in Suit NO FHC/B/OS/70/2019 wherein the Federal
High Court restrained various parties from interfering in any manner
with the activities of the Edo State House of Assembly which said order
had been brought to their attention in the course of their visit to Edo
State.
In point of fact in Suit NO, FHC/PH/CS/159/2019 the National Assembly,
the Clerk of National Assembly, the President of the Senate and Speaker
of House of Representatives amongst others were specifically ordered by
the Federal High Court to maintain the Status Quo as at 25th July, 2019.
The Edo state government is further aware that in suit No.
FHC/ABJ/CS/815/2019, wherein the Clerk and the National Assembly are
defendants before the Federal High Court in Abuja, the National Assembly
and the Clerk have not only been duly served with the processes but have
entered appearances in the matter.
It is unfortunate that the Distinguished senate would act in flagrant
breach of these various court orders and purport to come to come to
factual and legal conclusions concerning a matter in which the parties
are already before the courts and therefore subjudice.
We are also concerned that the Members of the Distinguished senate
appear to have very scent regards for the principle of separation of
powers as enshrined in our constitution which is manifested by their
taking over the functions of the judiciary in dispute resolution and
giving directives to a Government of a state who is certainly not
subject to the supervision of the National Assembly.
The Edo State Government maintain that there is nowhere in the
Constitution particularly Section 11(4) which enables the National
Assembly to “take over” any House of Assembly or in this respect, the
Edo State House of Assembly.
It must be further observed that it has always been the contention of
the Edo state Government that the power to issue a proclamation for the
Inauguration of a House of Assembly as set out in Section 105(3) of the
Constitution of the Federal Republic of Nigeria was duly and completely
complied with and it is not within the power of the Governor to recall
same once issued or to perform the same act multiple times. Once the
Governor issues a proclamation letter, his job is done.
It is the duty of the Clerk of the House of Assembly to inaugurate the
House of Assembly and he has since performed that task. He has further
approached a Court of law to seek a validation of his actions. The
pronouncements of the Distinguished Senate on the subject (with respect)
is clearly misconceived and would amount to interference in the role of
the Courts which may in fact constitute contempt with which the Governor
would not wish to be associated.
The government of Edo State firmly believes that our State is not a
colony or a vassal of any person or persons exercising power in Abuja
and we shall take all necessary steps within the ambit of the law to
defend and validate our position and actions on this matter.
We call on all persons of goodwill to call the powerful wielders of
‘power and authority” in Abuja and elsewhere to refrain from acts which
are clearly unconstitutional, undemocratic and a flagrant disrespect for
the principle of due process and separation of powers.
These powerful persons should not be allowed to set our state ablaze
merely to satisfy their thirst for power and control.
As we have always maintained on this subject: THIS ILLEGALITY WILL NOT
STAND!!!
Osarodion Ogie,Esq.
Secretary to the Government of Edo State.