Tina Amanda
A federal High Court sitting in Port Harcourt has ruled against the decision of National Assembly to take over Edo State House of Assembly.
In a judgement delivered by Justice James Omotosho, the court rightly condemned the infringing act of the National Assembly to interfere in Edo State House Assembly matters, stressing that National Assembly lacks the power to take over the State Assembly.
The ruling further stressed that only the court of law has the power to make findings on issues bothering on Edo State House Assembly if it’s unable to have it’s sittings, after which the National Assembly can take over base on the court decision.
Justice Omotosho said there is no constitutional provision that empowers National Assembly to give orders to seal Edo State Assembly with reasons that the house is in crisis.
The ruling also stressed that the 1st proclamation issued by Governor of the Edo State Godwin Obaseki is valid and remains valid, as National Assembly cannot lawfully give directives to the governor as state government is autonomous and must be treated as such.
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Justice Omotosho said the Federal High Court Port Harcourt has jurisdiction to hear the matter, as it’s the only vacation court covering the South-South region.
Speaking to our reporter Tina Amanda, Santos Owootori, Counsel to the 6th Defendant Governor of Edo State, said Edo State House Assembly has been holding its sittings since the 17th day of June 2019 it was inaugurated, adding that the judgement is sound and fair.
Counsel to the 1st Defendant the National Assembly, Sandra Osinachi, said they are not against the judgement even though their preliminary objection on whether the court has jurisdiction to hear the matter was dismissed, adding that it’s a judgement for democracy as the law has to take its place.
On his part, Kingsley Idahosa Counsel to Edo State House Assembly Deputy Speaker and others said the judgement agrees with their position that National Assembly cannot just wake up and take over Edo State House Assembly.
He stressed that the judgement will go along way to shape the law, should there be future re-occurance of such, adding that state House Assembly is not an appendage of National Assembly.
