NASS Lacks Power To Take Over Edo Assembly, Court Rules

A Federal High Court sitting in Port Harcourt, Rivers State, has put to rest the question of whether or not the National Assembly has the constitutional power to take over the functions of the Edo State House of Assembly.

The court ruled on Wednesday that the National Assembly lacks the power to take over functions of the Edo Assembly, neither does it have the power to direct the state’s Governor, Godwin Obaseki, to issue fresh proclamation for the inauguration of the state assembly.

The court gave the ruling in a suit brought before it by the Deputy Speaker of Edo Assembly, Yekini Idiaye and a member of the House, Henry Okhuarobo.

Idiaye and Okhurobo had approached the court to challenge moves by National Assembly to take over the functions of the Edo Assembly.

The duo had joined the Clerk of the National Assembly, President of the Senate, Speaker of the House of Representatives, Inspector-General of Police, Director-General of the State Security Service and Edo State Governor, in their suit.

Justice Kolawole Omotosho, in his ruling, declared that only the court of law can authorize the National Assembly to take over any state assembly.

Omotosho said: “There is nothing before the Court showing that the Edo State House of Assembly is unable to sit. Some elected members have been inaugurated. The House has been carrying out its legislative duties.

“The National Assembly lacks the power to take over the Edo State House of Assembly. It amounts to taking over th functions of the Edo State House of Assembly. The House of Assembly is not an appendage of the National Assembly.

“The National Assembly lacks the power to seal-up or direct anybody to seal-up up the Edo State House of Assembly. The Nigerian Constitution is a federal constitution and National Assembly cannot unilaterally decide that Edo State House of Assembly is in crisis and seal-up same.

“It is only a Court of law that has the power to make findings, particularly after listening to parties, to decide of the National Assembly can take over a House of Assembly.

“I hold that it is the Court that has the power to define and hold that Edo State House of Assembly cannot function and the National Assembly can take over.

“As far as the law is concerned, the Governor of Edo State has given a Proclamation. The National Assembly has no power to direct the Governor to issue a fresh Proclamation. The Governor is the Chief Executive of the state and cannot be controlled by the National Assembly.

“The Court will be extending the tenure of members of the Edo State House of Assembly of it holds that the Governor should issue fresh Proclamation. Nigeria is a federal state and state governments are autonomous. Our political actors must see it like that and treat them as such.”