On Thursday, a Federal High Court in Port Harcourt restricted the National Assembly (NASS) from interfering with the Edo State House of Assembly’s affairs.
In a ruling, Justice Kolawole Omotosho also indicated that NASS could not compel Governor Godwin Obaseki to issue another proclamation within the presence of an existing proclamation for the inauguration of the Assembly of Edo.
The court issued the order in a lawsuit brought by Yekini Idiaye, Edo Assembly’s Deputy Speaker, and Henry Okhuarobo, the member representing Ikpoba-Okha State Constituency.
The plaintiffs had approached the court to contest suspected NASS moves to take over the assembly’s Edo House duties.
The judge also held that NASS lacked the authority to assume the duties of the assembly of Edo or any other assembly house in the nation.
Mr Omotosho said that NASS lacked the authority to direct the Edo governor to issue a new proclamation to the House of Assembly of the Edo State, as this would result in expanding the tenure of the House of Assembly representatives.
The judge also indicated that since the House is not its appendage, NASS could not seal or direct anyone to seal the State House of Assembly in Edo.
Mr Omotosho said: “There is nothing before the court to show 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 National Assembly lacks the power to seal-up or direct anybody to seal-up the Edo State House of Assembly.
“The Nigerian Constitution is a federal constitution and the 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 if the National Assembly can take over a House of Assembly.
“I hold that it is the court that has the power to define and hold that Edo State House of Assembly cannot function and the National Assembly can take over.
“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.’’
After the judgment, the plaintiff counsel, Kingsley Idahosa, spoke to reporters and expressed pleasure at the results of the case.
“We are glad that judgement has been entered in our favour. We are glad about it. He (the judge) agreed with our position,” he said.
The judgment was also defined by Mr Obaseki’s lawyer, Santos Owootori, as sound and a victory for democracy.
The plaintiffs were suing in their private capacity.
The Clerk of the National Assembly, the President of the Senate and the Speaker of the House of Representatives joined as respondents to the original summons.
The Inspector-General of Police, the Director-General of the State Security Service and the Governor of Edo also took part in the suit.