With expiration of ultimatum given by the Senate last week Tuesday, that the Governor of Edo state, Godwin Obaseki, should issue fresh proclamation for proper inauguration of the 7th assembly of the state or risk invocation of section 11(4) of the Constitution ; expiring today, Taiye Odewale writes on likely scenarios that may unfold.
Genesis of the crisis
Only those involved saw it coming on Wednesday, June 12, 2019, few hours after 19 out of the 24 members-elect of the Edo House of Assembly protested Governor Godwin Obaseki’s non-proclamation to pave the way for their inauguration.
The 19 lawmakers accused Governor Obaseki of attempting to scuttle democracy by refusing to send a letter of proclamation to that effect at a time all state Houses of Assembly had been inaugurated.
Speaking in Benin on behalf of the 19 lawmakers, Mr Washington Osifo, the member-elect for Uhunmwonde constituency said: “Whereas the tenure of the members of the last assembly expired on 7th June 2019, Whereas the governor by virtue of Section 105 (3) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) is constitutionally required to immediately issue a letter of proclamation for the inauguration of the new assembly to avoid vacuum.
“Whereas all other states of the federation of Nigeria have inaugurated their Houses of Assembly, Governor Godwin Obaseki has deliberately refused to allow the House of Assembly to function thus usurping the powers of the legislators.”
However six days after, only nine out of the 24 – members – elect were available on the night of Monday, June 17, 2019 when the house was eventually inaugurated by the Clerk of Assembly, Alhaji Audu Omogbai, upon proclamation received from the Governor on Friday, June 14, 2019.
At the inauguration, Mr Frank Okiye from Esan North East I, elected as speaker, and Yekini Idiaye of Akoko-Edo I, as deputy speaker with adjournment of sitting thereafter, to July 17.
Expectedly, the remaining 15 members – elect of the state assembly were shut out from the inauguration, protested against it on Tuesday, June 18, 2019 through a press conference, where they were allegedly lured by police operatives into arrest, upon which 12 of them hurriedly relocated to Abuja after release.
Exactly a month after, precisely on Thursday, July 18, 2019, 10 out of the 12 embattled state lawmakers, who relocated to Abuja to fight against the alleged improper inauguration of the state assembly, stormed the Senate to state their side of the stories to the Ad-Hoc committee set up by the upper legislative chamber for thorough investigation of the crisis.
The spokesperson for the 12 members-elect, Washington Ossa Osifo, who addressed the panel, said due process was not followed in the constitution of the Assembly.
He said: “I have been mandated by my colleagues to speak on behalf of others. On the 7th of June, the last Assembly came to an end in Edo state. What we thought was that the next Assembly will be inaugurated immediately.
“We had a governor, who was supposed to perform his duty by issuing the proclamation. We met with the governor privately three times. We realised that the governor was unwilling to do his job. We had a press conference to prevail on the governor to issue the proclamation.
“At about 6pm on the same day, we got a call from the Clerk. He said he was going to call us back. He never did. At about 9.30pm, we got a call that they had barricaded the road leading to the Assembly complex. The vehicle used in blocking the road was from the Government House.
He urged the panel and by extension, the National Assembly to invoke the spirit and letters of the constitution , saying ” justice must not only be done but manifestly seen to be done, stressing that “the matter is no longer a family affair but strictly a constitutional one “.
The Senator Aliyu Sabi Abdullahi (APC Niger North) led committee also visited Benin, the capital of Edo state to meet with other parties in the crisis like Governor Obaseki , the Clerk of the state assembly and the chairman of the All Progressives Party in the state , Mr Anselm Ojezua, who based on realities on ground, is on the same page with the governor as far as the crisis is concerned.
Senate’s decision
Last week Tuesday, before embarking on long recess, the Senate on the strength of reports submitted to it by the Ad-hoc committee, issued 7- day ultimatum to Governor Obaseki for issuance of fresh proclamation for proper inauguration of the 7th Assembly of the state, failure of which it said, may lead to invocation of section 11 (4) of the 1999 Constitution as amended.
It resolved further that the Clerk of the State Assembly should give proper publicity to the fresh proclamation if issued, for all the 24 members – elect to know the time and date for it. Prior to the adoption of the committee’s recommendation by the Senate, divergent opinions were expressed on them by senators across party lines.
While Senators Adamu Aliero (APC Kebbi Central) and Sam Egwu (PDP Ebonyi North), supported the committee’s recommendations, Rochas Okorocha (APC Imo West), and Emmanuel Oker – Jev (PDP Benue North West), kicked against them.
Specifically, Senators Adamu Aliero and Sam Egwu in their support for the recommendations, argued that the purported earlier proclamation and inauguration carried out by the governor and Clerk to the Edo state House of Assembly, were sham, illegal and unconstitutional.
Egwu in particular said: “For a governor to issue proclamation for inauguration of State Assembly on 17th June 2019 by 11:00am and the Clerk in carrying out the proclamation as stated in the report of the State Police Commissioner, did it 9:00pm without the knowledge of majority of the members – elect, clearly shows illegality of the exercise.
“Besides, anything done in the night indicates cultism which any parliament must not associate with. The purported inauguration of the 7th Assembly of Edo State on the 17th of June by 9:00 pm as against 11:00 am stated in the proclamation should not be allowed to stay.
“It is illegal, unconstitutional and undemocratic. The Senate should adopt recommendations of the committee and do the needful constitutional if need be”, he said.
But Senator Okoroacha in kicking against the move said the matter should be treated as family affair among all the APC stake holders in the state. He frowned at the committee’s recommendations for ultimatum to be issued on the state governor for issuance of fresh proclamation.
He said: “Issuing ultimatum for issuance of fresh proclamation from the governor is provocative and portraying the Senate as hurriedly dabbling into a matter I feel it has no constitutional power over.
“This is clearly a family affair that all stakeholders within the ruling All Progressives Congress (APC) both in the State and at the national level, should be allowed to handle. I was a governor, and I strongly believed that no governor will like the step the Senate is about to take”.
But the President of the Senate, Ahmad Lawan, in his remarks said the period for the matter to be treated as family affair has lapsed, having given all the parties concerned, three solid weeks to allow for political solution without anything in that direction, happening.
“The Senate and by extension, the National Assembly cannot afford to shy away from doing the needful on the Edo state assembly crisis as constitutional empowered .
“However, the expected political solution to the problem can still be achieved before the expiration of one week ultimatum given to the governor for issuance of fresh proclamation for proper inauguration of 7th Assembly of Edo state”, he said.
Will Obaseki budge?
Now, with the expiration of the one week ultimatum given by the Senate and by extension , the National Assembly today, for Governor Obaseki to issue fresh proclamation for proper inauguration of the 7th assembly in Edo state, what will be the next line of action by the federal parliament?
This is even as the Edo state government seems to have given the ultimatum a technical knockout for now, by already litigating against it in the court of laws from which it has even secured exparte order restraining the National Assembly from dabbling into the crisis or taking any action.
However by the time the National Assembly resumes from its ongoing annual recess in September, time will, the direction, the unfolding scenario will take.
