• Friday, April 19, 2024
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Update: Federal High Court restrains NASS from taking over Edo Assembly

godwin-obaseki

 

A Federal High Court in Abuja on Wednesday ordered the National Assembly to halt all actions to take over the legislative duties of the Edo House of Assembly, pending the determination of a suit before it.

Both the Senate and House of Representatives at different times passed resolutions threatening to take over the running of the affairs of the Edo House if the state governor, Godwin Obaseki, did not issue a fresh proclamation.

In a ruling, Justice Taiwo Taiwo, ordered parties in the matter to maintain the status quo, pending the determination of a suit that was lodged by the Speaker of the Edo House of Assembly, Francis Okiye, who was elected by nine out of the 24 members of the Assembly.

The suit is challenging the Senate and the House of Representatives’ resolutions to take over the running of the legislative duties of the State Assembly if  Obaseki failed to issue a new proclamation, convoking the Assembly to accommodate a majority of the elected members, who were alleged to have been side-lined in the first proclamation.

At the resumed hearing of the suit on Wednesday, vacation judge, Justice Taiwo ordered all parties to maintain the status quo until the case before the court was disposed of.

Recall both the Senate and the House of Representatives had passed resolutions, asking Obaseki to convoke a new Assembly where the 24 members would be present to elect their leaders.

Nine out of 24 members of the House, said to be loyal to the governor had allegedly in the first proclamation met about 9 pm on June 17 and inaugurated the House.

The plaintiffs, Okiye and the Edo Assembly, in the suit marked FHC/ABJ/CS/815/2019, among others, sought for interpretation of the legality of the directive to the Governor to issue a fresh proclamation to inaugurate the House.

They also sought the order of the court to stop both federal Houses to take over the running of the state Assembly.

Counsel to the plaintiffs, Ola Olanipekun (SAN), lamented before the court that the Senate had after it was duly served with the legal processes, still passed a resolution on July 30 to take over the Edo Assembly if the governor failed to issue a fresh proclamation.

He said it was disheartening that despite the fact that governor Obaseki’s earlier proclamation was officially gazetted, with members of the State Assembly duly inaugurated and principal members elected, the National Assembly still vowed to highjack legislative functions in the state.

However, Justice Taiwo fixed August 22 to hear the case, even as he directed the National Assembly to within seven days, respond to the suit.

He said he would have to hear from the respondents before order could be made regarding stopping the takeover plans.

He said before making a perpetual injunction against the National Assembly, he was minded to hear the substantive matter on the adjourned date.

Defendants in the matter are the Clerk of the National Assembly, Mohammed Sani-Omolori and the National Assembly of the Federal Republic of Nigeria.