Court stops Senate from taking over Edo Assembly legislative functions

Court stops Senate from taking over Edo Assembly legislative functions

The Federal High Court in Abuja has ordered the National Assembly to halt its plan to take over the legislative functions of the Edo State House of Assembly.

Justice Taiwo Taiwo gave the order at the resumed hearing in the case filed by the Edo State Government, challenging the decision by the Senate and the House of Representatives to step in if the governor fails to send another proclamation letter for a fresh inauguration of the Edo Assembly.

Justice Taiwo on Wednesday, however, ordered the parties in the case to maintain status quo pending the determination of the case.

A federal high court sitting in Port Harcourt had earlier given an order restraining the Edo State Governor, Godwin Obaseki from issuing a fresh proclamation letter as directed by the Senate.

The court also restrained the clerk of the National Assembly, the President of the Senate and the Speaker of the House of Representatives, their servants, agents, officers or privies from interfering or taking over the legislative functions of the Edo State House of Assembly.

The orders followed requests sought by the Deputy Speaker of the Edo House of Assembly, Honourable Yekini Idiaye; and the member representing Ikpoba-Okha constituency in the Edo Assembly, Honourable Henry Okhuarobo.

Justice Taiwo fixed August 22 to hear the case, even as he directed the National Assembly to within seven days, respond to the suit challenging plans by federal lawmakers to assume legislative functions of the Edo State Assembly.

Okiye had in the joint suit he filed with the Edo Assembly marked FHC/ABJ/CS/815/2019, among other things, queried the legal competence of a directive the federal legislature handed to Governor Godwin Obaseki, to issue a fresh proclamation to inaugurate the Edo State House of Assembly.

Cited as 1st and 2nd defendants in the matter are the Clerk of the National Assembly, Mr Mohammed Sani-Omolori and the National Assembly of the Federal Republic of Nigeria. It will be recalled that the Edo State 7th Assembly was on June 17, inaugurated under controversial circumstances, with nine out of 24 members-elect, selecting Okiye as the Speaker.

Counsel to the plaintiffs, Mr. Ola Olanipekun, SAN, had 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 takeover the Edo Assembly if the governor fails to issue fresh proclamation.