Edo Assembly: Court upholds Gov Obaseki’s proclamation

The Federal High Court sitting in Port Harcourt, Rivers State, yesterday upheld the proclamation of the seventh Edo State House of Assembly by Governor Godwin Obaseki. In its final judgment on the matter delivered by Justice J. K. Omotosho, the court ruled that a governor lacked the powers to issue a second proclamation after a […]

The Federal High Court sitting in Port Harcourt, Rivers State, yesterday upheld the proclamation of the seventh Edo State House of Assembly by Governor Godwin Obaseki.

In its final judgment on the matter delivered by Justice J. K. Omotosho, the court ruled that a governor lacked the powers to issue a second proclamation after a first one had been made.

According to Justice Omotosho, the governor of a state does not take directive from the National Assembly, therefore the proclamation issued by Obaseki was valid and to do otherwise was null and void.

The judge declared that the National Assembly had no constitutional power to issue a directive to a state governor in the performance of his constitutional duties.

“The Edo State House of Assembly is not an appendage of the National Assembly,” he affirmed.

The judge ruled, “The NASS cannot unilaterally declare that a State House of Assembly is unable to perform its legislative functions.

“It is after such determination by the court that the National Assembly can exercise its powers under Section 11(4). It is not the duty of NASS to interpret the Constitution; that is the exclusive preserve of the courts.

“The NASS directive to seal off the ESHA is ultra vires the NASS, as

it is like the President ordering the sealing off of a state governor’s office.”

A political crisis had engulfed the Edo State House of Assembly in June 2019 following the refusal of some members-elect to be inaugurated.