Ugochukwu Iwuchukwu
A Federal High court sitting in Port Harcourt has ruled against the decisions of the National Assembly to take over the functions of the Edo State House of Assembly over the crisis rocking the House.
The Deputy Speaker of the of the Edo State House of Assembly, YEKINI IDIAYE, and Ikpoba-Okha constituency member, HENRY OKHUAROBO, had filed the suit against the Edo State Governor and 5 others.
The claimants had sought to know whether the defendants had the right to interfere in the functions of the state house of Assembly.
Recall that that the crisis at the house broke out after 9 out of 24 members of the Assembly attended the inaugural 9th Assembly sitting, while 15 other members were absent.
JUSTICE KOLAWOLE OMOTOSHO ruled that the National Assembly did not have the powers to interfere in the affairs of Edo Assembly except based on an order from a competent court.
Justice OMOTOSHO also ruled that the National Assembly did not have the right to direct Governor GODWIN OBASEKI to issue another proclamation.
The presiding judge also insisted that the first proclamation by the governor was constitutional and maintained that if such proclamation was done twice, the result was to elongate the tenure of the member, which was unconstitutional.
OMOTOSHO further ruled that the court had jurisdiction to entertain the case since the case was filled in a vacation court, which Port Harcourt jurisdiction takes over South-South and South-East cases.
Speaking to journalists outside the courtroom, counsel to the Edo State Governor, SANTOS OWOOTORI commended the judgment, which he noted that all tiers of government should know their limits.
In his remark, counsel to the Deputy Speaker, KINGSLEY IDAHOSA said the judgment was a victory for democracy
In a contribution, the counsel to National Assembly, SANDRA OSINACHI, who held brief for, lead counsel, J J USMAN, said though their preliminary objections were dismissed, the ruling stood as a victory for democracy.
