Fresh concerns over Edo Assembly crisis

Osagie Otabor in Bénin reports that constituents and other stakeholders are worried over new twists in the seemingly unending crisis in Edo State House of Assembly

 

WHEN Speaker Francis Okiye came out last week Sunday to publicly beg 12 lawmakers-elect to present themselves for inauguration so that they can serve their constituencies that voted for them, many thought it was a step towards resolving the Edo Assembly crisis. But events that happened three days later indicated the crisis may be far from over.

Leadership crisis in the Edo Assembly began after the Edo All Progressives Congress (APC) had won elections into all the 24-member Assembly. It was the first the APC would achieve such feat since 1999. It was therefore the expectation of Edo residents that Governor Godwin Obaseki would enjoy a smooth relationship but that was not to be and the elected lawmakers were allegedly caught in the web of a power play between the governor and the National Chairman of the All Progressives Congress, Comrade Adams Oshiomhole. Just as Oshiomhole led the national leadership of the APC to ensure President Muhammadu Buhari’s choice emerged as principal officers in the National Assembly, so also the state caucus of the APC attempted to persuade the lawmakers-elect for Obaseki’s choice of a Speaker to emerge.

Obaseki and the Edo APC opted for Okiye but Oshiomhole was said to have insisted on Victor Edoror or to allow the lawmakers-elect to freely pick their leaders. However, Obaseki pulled a surprised sting when Okiye emerged as Speaker elected by nine lawmakers. Two of them, Eric Okaka (Owan East) and Nayasaba Okunbor (Orhionmwon North), later said they were forcefully taken to the Assembly at gun point.

Three lawmakers, Emmanuel Okoduwa (Esan North East II) Emmanuel Agbaje (Akoko-Edo 1) and Sunday Ojiezele (Esan South East) later presented themselves for inauguration thus making it 12 lawmakers that were inaugurated.

Okaka and Ehi Ekhosuehi (Oredo East) joined other members-elect that refused to present themselves for inauguration to flee to Abuja over alleged threat to life and possible attacks.

Their demand was for Obaseki to issue a fresh proclamation letter to allow for a proper inauguration before they would present themselves for inauguration.

Intervention by the National Assembly led to a directive to Obaseki to issue a fresh proclamation letter or it would take over functions of the Edo Assembly. It also asked the Police to seal off the Assembly should Obaseki fail to issue a fresh proclamation.

But Justice Kolawole Omotosho in September ruled that the National Assembly lacked powers to take over the functions of Edo State House of Assembly or any other House of Assembly in the country.

Delivering ruling in the suit filed by Deputy Speaker of Edo State House of Assembly, Hon. Yekini Idiaye, and Hon. Henry Okhuarobo, Justice Omotosho held that only the court of law could direct the National Assembly to take over or seal the Edo State House of Assembly.

Omotosho said: “There is nothing before the court showing that the Edo State House of Assembly is unable to sit. Some elected members have been inaugurated. The House has been carrying out its legislative duties.

“The National Assembly lacks the power to take over the Edo State House of Assembly. It amounts to taking over the functions of the Edo State House of Assembly. The House of Assembly is not an appendage of the National Assembly. The Nigerian Constitution is a federal constitution and National Assembly cannot unilaterally decide that Edo State House of Assembly is in crisis and seal-up same.

“It is only a court of law that has the power to make findings, particularly after listening to parties, to decide the National Assembly can take over a House of Assembly.

“As far as the law is concerned, the Governor of Edo State has given a Proclamation. The National Assembly has no power to direct the governor to issue a fresh Proclamation. The governor is the Chief Executive of the state and cannot be controlled by the National Assembly.

“The court will be extending the tenure of members of the Edo State House of Assembly if it holds that the governor should issue fresh Proclamation. Nigeria is a federal state and state governments are autonomous. Our political actors must see it like that and treat them as such.” The 10-man Assembly has been sitting and passed many bills into law. It, last week, passed the 2020 budget.

Read Also: I’ll do everything to ensure APC remains united in Edo – Oshiomhole

Speaker Okiye had used the occasion of the 50th birthday anniversary thanksgiving of Edo State Deputy Governor, Comrade Philip Shaibu, to appeal to the 12-lawmakers-elect to return home and complete their documentation for them to be inaugurated. Okiye said that the division in the Assembly was externally influenced.

“They have lost six months without their constituencies being represented. I am appealing to them to come and complete their documentation and turn up for inauguration.

“Nobody is barring them from coming for inauguration; the issue of who leads the Edo House of Assembly is secondary. It is not compulsory that everybody must participate. I believe they want to come for inauguration but the problem is those that are blowing whistles and beating the drums for other reasons. We believe that these issues will be resolved because we are a family,” he said.

On Tuesday at an emergency plenary session, Okiye dropped a bombshell. He announced the seats of the 12 members-elect vacant and also included the two lawmakers that reportedly absconded from sittings.

Those whose seats were declared vacant were Chris Okaeben (Oredo West), Crosby Eribo (Egor), Washington Osifo (Uhunmwode), Ugiagbe Dumez (Ovia North East 1), Vincent Uwadiae ( Ovia North East 11), Sunday Aghedo (Ovia South West), Victor Edoror (Esan Central), Eric Okaka (Owan East), Micheal Ohio-Ezomo (Owan West), Oshoma Ahmed (Estako Central), Kingsley Ugabi (Estako East) and Ehi Ekhosuehi (Oredo West).

Okiye relied on Section 109 (5) (f) to declare the seat of Okaka and Ekhosuehi vacant.

Section 109 (1) (f) reads in parts: “A member of a House of Assembly shall vacate his seat in the House if….. ‘without just cause, he is absent from meetings of the House of Assembly for a period amounting in the aggregate to more than one-third of the total number of days during which the House meets in any one year.’

“……(2) The Speaker of the House of Assembly shall give effect to subsection (1) of this section, so however that the Speaker or a member shall first present evidence satisfactory to the House that any of the provisions of that subsection has become applicable in respect of the member.

“(3) A member of a House of Assembly shall be deemed to be absent without just cause from a meeting of the House of Assembly unless the person presiding certifies in writing that he is satisfied that the absence of the member from the meeting was for a just cause.”

Okiye said the 12 members-elect deliberately refused to present their Certificates of Return to the Clerk of the House for inauguration.

He said “12 out of the 24 members-elect, who completed their screening and documentation process, were inaugurated on June 17, 2019 out of which two of them have refused to discharge their legislative duties.

“They have refused to represent their constituents in the House invariably denying their constituents effective representation.

“At this point, I am declaring the seats of the 12 members-elect vacant in accordance with Section 109, subsection 1F of the Constitution,” he said.

Okiye also called on the Independent National Electoral Commission (INEC) to conduct by-election within 90 days for the vacant seats.

Deputy Speaker of the House, Hon. Yekini Idiaye, who spoke to newsmen, explained that two of those affected from Oredo East and Owan East, were sworn-in but failed to meet the mandatory 181-day sitting requirement for a member in a calendar year.

He said, “For others, who hadn’t been inaugurated since the proclamation of the House, their constituents have been complaining and have come to us that they want their voices and concerns to be heard at the House.

“So, people who are willing to provide quality representation have to be elected to bring the matters of the distraught constituents to the floor for debate and legislation, where necessary.”

A former Speaker of the Edo State House of Assembly and one time State Chairman of the defunct Action Congress of Nigeria (ACN), Hon Thomas Okosun, said the 14 affected lawmakers-elect would stay away from the Assembly until a proper inauguration is done.

Okosun said the Constitution spelt out the period of days a lawmaker would be absent before the seat would be declared vacant.

Okosun stated that the House has only sat for six months and not one year as stated in the constitution.

He said the House rules barred the lawmakers from deliberating on matters before the court.

His words, “We all know the House was not properly constituted. A member that has never been sworn-in does not have a seat to be declared vacant. Moreover, can minority 10 members declare seats of 14 vacant?

“Whatever they are doing now in the Assembly is illegal,” he said.

On his part, immediate past Speaker of the Assembly, Hon Kabiru Adjoto, said the travails currently faced by the 14 members-elect should be blamed on Oshiomhole who is harboring them in Abuja against the wishes of their constituents.

Adjoto said Governor Obaseki and his deputy, Shaibu, have made several peace moves which were rebuffed by the National Chairman.

“It is very unfortunate that Oshiomhole, who is supposed to be a unifying factor, has aligned himself with destructive forces to pull down the house we all built together.

“As a father, he would have called everyone together and made peace rather than taking uninformed side thereby fuelling the crises currently bedeviling our party; an act that could be likened to a crocodile who eats up his own eggs.

“Governor Obaseki had not in any way been involved in the Assembly fracas. The governor never interfered in legislative issues and is preoccupied with critical developmental initiatives that would improve the lives of Edo people,” he said.

A chieftain of the APC, Mr. Charles Idahosa, in his reaction said it was regrettable that the members-elect chose to stay away from the House because of their selfish interests and in the process, deprived their people of credible representation in the House.

According to him, “It is a well-known fact that the House is made up of 24 members elected under the APC, to serve their people. Those who decided to stay away have been shown the exit door and it is the right thing to do since the people were starved of credible representation.”

As it stands today, observers are worried and wondering where the seemingly unending crisis will leave the state as it enters the election year.