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Edo Government has said the House of Representatives lacks the constitutional powers to shut down the state House of Assembly.
The state government’s statement is a response to the purported orders made on July 17, by the House of Representatives to the Inspector General of Police (IGP) and the Director General of the Department of State Services to seal off the Edo Assembly until a proper inauguration is done.
In a statement issued in Benin, Secretary to Edo State Government (SSG), Osarodion Ogie, said: “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.
“It has come to the attention of Edo State Government that the House of Representatives at its sitting on July 17, 2019 purported to issue certain orders regarding the status and activities of the Edo Assembly.
“Among others, it directed the governor to ‘issue a fresh proclamation for the inauguration of the House of Assembly’ and ordered the IGP to shut down the premises of the Assembly and purported to make further orders in this regard.
“The government and people of Edo State are appalled and disappointed at the gross illegality and abuse of process by the House of Representatives.
“It must first of all be pointed out that the emergency supervisory powers over the activities of the 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.
“These powers certainly do not extend to issuing directives to a duly elected 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 Assembly is unable to sit. In fact, whenever the ‘self-exiled’ members-elect so choose, they can join their colleagues in plenary in Benin.
“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 Senate was in Benin meeting with stakeholders with a view to fashioning a road map to peace in our land.”
“Students of history will recall that the crisis in the Western Region Parliament in the 1960s which triggered a conflagration that eventually engulfed the entire nation, was precipitated by a similar attempt to use ‘federal might’ to muscle, intimidate and overwhelm the functionaries of a federating unit outside the due process of law.
“Since the situation in the Edo State House of Assembly is a matter currently pending before two (2) courts of competent jurisdiction, Edo government would not follow the contemptuous example of those who are currently commenting, adjudicating upon and giving directives on matters currently being litigated upon.
“Suffice it to say, however, that there is nowhere in the constitution 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 Assembly, in point of fact, such power is expressly excluded by the constitution.
“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 Edo people for our actions.
“We are certain that the IGP, 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 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.
“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 any state.
“The government does not intend to comment on the details of this House of Assembly dispute as the same are clearly sub judice, but will ask all concerned to tread with caution so as not to precipitate crisis simply in pursuit of selfish agenda.
“We must state that the final verdict in this matter will ultimately be rendered by the Edo people, for whose benefit government exists. We are certain therefore that this illegality will not stand.”
