The 14 elected members of the Edo State House of Assembly who were not sworn in since the inauguration of the Assembly in 2019 have written to the Minister of Justice and Attorney General of the Federation, Abubakar Malami (SAN), highlighting the alleged infractions of Governor Godwin Obaseki.

The members, joined by 3 members from the faction already sworn in, wrote through their counsel, Dr Ehiogie West-Idahosa of West Idahosa & Co., saying the governor’s action in not allowing them to be sworn in was unconstitutional. This, they said, underlined the disequilibrium in the political stability of the state and the resultant insecurity that had characterised the state.

In the letter with reference number WIC/AB/W2/1024/20, and obtained by Saturday PUNCH, the 17 aggrieved lawmakers, said to be loyal to a former National Chairman of the All Progressives Congress, Adams Oshiomhole, said contrary to the standard practice of inaugurating the House with possibly all members present, the governor, on June 17, 2019, chose to inaugurate the House at odd hours with only about 9 members in attendance. They alleged that agents of the governor prevented them from attending the inauguration, noting they had done everything possible to remedy the situation to no avail till date.

The letter titled, ‘Urgent and nationalistic appeal to intervene in the restoration of constitutional democracy in Edo State of Nigeria’, dated August 3, 2020 and signed by West-Idahosa, the principal partner, added, “Since then, the Assembly has been run by nine members for no justifiable reason whatsoever. By failing to inaugurate about 14 members-elect of the House, there is a huge social and political disequilibrium in the state.

“The rule of law has been seriously eroded and replaced by strong-arm tactics in Edo State. This in itself is anti-democratic and ought not to be allowed in a democratic government such as the one operated in Nigeria. Over 60% of the population of Edo State are unrepresented in the House of Assembly and are therefore missing out on constituency projects, employment and other forms of government patronage. This has escalated poverty levels in such constituencies and there is a corresponding increase in crime and general insecurity in such areas.”

They said contrary to Section 109 (g) of the constitution (as altered), Obaseki dumped APC for PDP even when there was no “nationally acknowledged” faction in the APC . They pointed out that democracy is founded on majority rule but that the 17 lawmakers were unable to do their job. The letter added, “It is undemocratic and unacceptable to any sovereign nation that the House of Assembly of one of the states making up the federation of Nigeria is operated by only 7 members out of the 24 elected.”

They said since the 17 members were elected on the platform of the APC, it is legally and politically incorrect to allow a party with minority membership keep 17 members-elect out of the House. They said since the proclamation of the House had been done and inauguration of the House “purportedly effected”, it is left for members who have not taken an oath to be allowed to and carry out their duties in the interest of justice.

“There is no feature of the law which precludes the said honourable members from taking their oath with the cooperation of sworn in members and the clerk of the House.”

The 17 members, who have also pledged loyalty to APC candidate in the September 19 governorship election in the state, Pastor Osagie Ize-Iyamu, therefore appealed to the AGF to intervene by restoring a functional House of Assembly in the state. The letter contained the names and numbers of the 17 members.

They said, “We therefore respectfully appeal to you as the Chief Law Officer of the federation to invoke your power pursuant to Section 150 of the 1999 constitution (as altered) to arrest the breakdown of constitutional democracy in Edo State by intervening to restore a functional House of Assembly in line with the provisions of Sections 90, 91, 101 and 104 of the 1999 constitution (as altered). Our clients shall be very obliged to have your intervention in order to save constitutional democracy in Edo State.”

HOW THEY SECURED AGF’S BACKING WITHIN 24 HOURS
Sequel to receiving their letter on Tuesday, August 4, Malami, wrote the police IG within 24 hours directing him to provide security for the inauguration of the 14 members, which took place at an unknown location on Thursday. The Assembly’s Deputy Clerk, Mr Tom Efezokhae, administered the oath of office on the members. He, however, cautioned that the members already sworn in should not be prevented from discharging their duties.

The AGF’s letter obtained by Saturday PUNCH on Friday revealed that he (the minister) received a letter from West Idahosa & Co., on August 4, 2020, wrote the IG in a letter dated August 5, directing him to provide security for the exercise while the inauguration took place on August 6. The AGF’s letter, with reference number HAGF/IGP/2020/Vol1/4, dated August 5, 2020, partly read, “The law firm has requested that the affected members-elect, who are willing to discharge their constitutional roles, should be inaugurated or sworn in by the clerk of the House.

“In view of the foregoing and in order to ensure constitutional compliance with the dictates of Sections 91 to 96 of the 1999 constitution (as altered) and also to prevent breakdown of law peace, law and order, I am requesting that you kindly provide adequate security measures for the purpose of the inauguration of the concerned members and the subsequent sittings of the Edo State House of Assembly.”

The inauguration heightened the tension in the state on Thursday, especially as the police and personnel of the Nigeria Security and Civil Defence Corps took over the entrance of the Assembly Complex, which was shut and was undergoing renovation by the government. Apart from electing Victor Edoror as the new speaker and Emmanuel Agbaje as the deputy speaker, the 17 factional members also ‘impeached’ Francis Okiye as the speaker and Roland Asoro as the deputy speaker.

In a related development, in an open letter to the AGF via an advertorial in The PUNCH on Friday, Okiye, the embattled speaker, said he was reluctant to conclude that the “breathtaking speed” of his (the AGF’s) speed of response to West-Idahosa’s letter had anything to do with the fact that the governor had left the APC for the PDP.

In highlighting the pending and concluded litigation on the Edo Assembly crisis, Okiye said it was clear that all matters relating to the functioning or otherwise of the Assembly and/or its members are sub judice. He added, “It would therefore be clear that the course of action which you have urged upon the Inspector-General of Police would in fact amount to a grievous assault on the rule of law, separation of powers and respect for judicial authority.”

He urged the AGF not to allow his prestigious office to cause mayhem in the state, adding that he should take urgent steps to ensure the situation does not degenerate further.

I WON'T RECOGNISE FACTIONAL SPEAKER, SAYS OBASEKI, ATTACKS GANDUJE
Meanwhile, following Ize-Iyamu’s visit to the President, Major General Muhammadu Buhari (retd.), at the Presidential Villa on Friday, Obaseki has said he is not worried by the endorsement of the APC candidate by the President. Obaseki, who spoke with one of our correspondents on Friday, said the President, as the leader of the APC, was free to support his party’s candidate.

He said, “I cannot speak for the President; he’s a due-process man. He strikes me as somebody who wants the process to follow its due course. The President is a member of the APC. Why would he not receive his party’s candidate?”

The governor said he would not recognise the 17 lawmakers, describing the AGF’s directive to the IGP as illegal and a recipe for anarchy. “How can I recognise them? There is a law we have to follow, otherwise we will have to be like a banana republic,” he added. Obaseki, however, described as hilarious claims by Governor Abdullahi Ganduje of Kano State that he (Obaseki) performed woefully.

He added, “If he (Ganduje) says all the physical structures, all the roads we have built, are underperformance, I see why he can never be governor. If he says reforming the educational system in Edo State, which is acknowledged worldwide, is underperformance, then he cannot be governor. Edo is not Lagos. We will see on September 19.”

The governor in a broadcast earlier on Friday said the events of Thursday had all the signs of an attempted coup d’état, adding that any person or group of persons who set out to test the will of the state would meet with the full wrath of the law.

He added, “These events portend grave danger to the safety and security of our polity. It had all the hallmarks of an attempted coup d’état. The people of Edo State rose as one to prevent the desecration of our democracy. It is however worrisome that certain persons are willing to plunge the society into avoidable anarchy and conflict just to satisfy their illegitimate objectives. Be assured, dear people of Edo State, that this government will take all steps necessary to defend the rule of law and democratic ideals.”

Meanwhile, Okiye has said he remains the speaker of the House, adding that till date, only 10 members of the Assembly had been sworn in. “We adjourned till Monday (August 10, 2020) and on Monday, we will sit. So, those people that are no longer members of the House going somewhere to conduct a get-together and come out to say they have a resolution, that they are now members of the parliament, I see that as an affront on democratic principles.”

EDO GOVERNOR IGNORANT OF CONSTITUTIONAL ORDER – TINUBU
In reaction to recent developments in the House of Assembly in Edo state, National Leader of APC, Asiwaju Bola Tinubu, on Friday accused Obaseki, who is also the PDP candidate in the forthcoming election, of being ignorant of Nigeria’s constitutional order.

Tinubu, in a statement titled ‘In defence of constitutional democracy,’ accused the governor of blocking access to the Assembly complex under the guise of renovation, adding that refusal to allow the House of Assembly function was a cowardly act and a move to thwart representative democracy in the state. He described the conduct of the governor in the past year as “undoubtedly impeachable”.

“By his refusal to permit duly elected members of the Edo State House of Assembly to perform their constitutional duties, Governor Obaseki betrayed contempt for the people of his state and, unfortunately, his ignorance of Nigeria’s constitutional order. As a governor, he ought to know better than to obstruct the functioning of his own legislature, but perhaps he is in need of a quick lesson.”

US EXPRESSES CONCERN OVER SECURITY AGENCIES' INTERFERENCE
The US Government has expressed worry over the deteriorating political climate in Edo State, stating it was disappointed with the role played by some political actors in the state, stressing that it does not support any party or candidate.

The US Mission in a statement, titled ‘The United States supports democratic process where the will of Nigerian people is reflected in results,’ in Abuja on Friday said it was especially concerned by allegations of interference by security forces in political matters, adding that it would continue to monitor the situation closely in the run-up to the election.

It added, “We are especially concerned by allegations of interference by security forces in political matters, which we will continue to monitor closely in the run-up to gubernatorial elections in the state in September. As we approach the 2020 off-cycle elections in Edo and Ondo, we urge all stakeholders to work towards a free, fair, transparent, and peaceful process.”

APC MUST AVOID ZAMFARA, RIVERS EXPERIENCES IN EDO, SAYS BUHARI
The President, however, told APC leaders on Friday that the party must avoid the pitfalls which affected it in the Rivers, Zamfara and Bayelsa elections during the Edo governorship poll. A statement by the Senior Special Assistant to the President on Media and Publicity, Garba Shehu, on Friday said the President desired the forthcoming governorship election in Edo State to be transparent.

The statement titled ‘President Buhari receives Ize-Iyamu, urges APC to avoid Rivers, Zamfara experiences’ quoted Buhari as saying, “What I want is a transparent process so that the confidence of the people will be strengthened.”

Kano State Governor, Abdullahi Ganduje, told reporters that the campaign had started on a good and happy note, with the APC already taking over the state legislature with a majority of 17 out of 24. He said the governor had failed the people.

EDO ELECTION NOT DO-OR-DIE, SAYS APC CANDIDATE
Ize-Iyamu, who also met with Vice-President Yemi Osinbajo, told State House correspondents that the election was not a do-or-die affair, while asking the PDP-led government in the state to allow the will of the people to prevail.

He said Thursday’s development in the Assembly was a triumph for democracy. “Are you going to compare 7 people to 17? In a legislative arrangement, 7 people want to lord it over 17 people? That is an aberration. I have told you that even to form a quorum you need 8, they don’t even have 8 members.”

SOWORE SLAMS BUHARI FOR ENDORSING IZE-IYAMU DESPITE N700M FRAUD CASE
Meanwhile, convener of the #RevolutionNow protest, Omoyele Sowore, has faulted the President for endorsing Ize-Iyamu, who is facing corruption charges to the tune of N700m. Sowore, who is the publisher of Sahara Reporters, tweeted, “Pastor Ize-Iyamu is undergoing trial for N700m scam, Buhari pretends not to remember.”

Speaking on the endorsement, the Special Adviser to the governor on Media and Communication Strategy, Crusoe Osagie, said the President must have been in a dilemma to raise the hand of a candidate who is facing corruption charges. He added that Buhari would have preferred to endorse the APC candidate with glee and razzmatazz in Benin City if Ize-Iyamu didn’t have the N700m corruption case on his neck. PDP also criticised the meeting, saying the APC candidate desperately needed the endorsement to shore up his battered image.

Factional Speaker of the Assembly, Victor Edoror, has said anyone displeased with the process should approach the court, or wait for the court to decide whether their action by convening the sitting was legal or illegal. Speaking in an interview on a Channels Television programme on Friday, he noted that the governor was nursing fears he might be impeached but the Assembly had no such plans.

IMPEACHMENT MERE CHARADE – WIKE
Rivers State Governor and leader of the PDP Campaign Council in the Edo election, Nyesom Wike, on Friday condemned the convergence of 17 lawmakers and purported impeachment of the speaker and deputy speaker of the Assembly, saying it was a mere charade.

He said, “Fortunately, the purported impeachment of the speaker is a mere charade, completely futile and exists only in the imagination of the evil perpetrators and their crude and unintelligent co-travellers and sponsors. We have raised the alarm before that the APC is not ready for a free and fair contest and will do all sorts of things including violence with the backing of the federal might to rig and claim unmerited victory at all cost. Nigerians can now bear witness that our claims and fears of the desperation of the APC are not without basis.”

Meanwhile, there were reports that 7 persons have been arrested in connection with the tension at the House of Assembly in Benin City on Thursday. One of our correspondents gathered on Friday that the arrested persons prevented the 17 lawmakers who attempted to make their way into the complex early on Thursday before they later retreated to an undisclosed location to be inaugurated.

When contacted on the telephone, the state Commissioner of Police, Mr Johnson Kokumo, said he was busy, while the Police Public Relations Officer, Mr Chidi Nwabuzor, said he had not been authorised to speak on the matter. But speaking at a press briefing in Benin on Friday, Vice-Chairman, Media and Publicity Committee of the APC Campaign Council, Mr Patrick Obahiagbon, urged the police to investigate the activities of the arrested persons to identify their sponsors.

PDP WOMEN PROTEST, EXPRESS SUPPORT FOR OKIYE
Women wing of the PDP in Edo state embarked on a march to the House of Assembly to show their solidarity with the embattled Speaker of the Assembly, Mr Frank Okiye. The women, who walked from the Government House to the Assembly Complex, and led by the Edo-South Woman Leader, Uwa Osunbor, queried why the 14 members suddenly showed up a few weeks to the governorship election.


SOURCE (abridged): https://punchng.com/edo-crisis-pro-apc-lawmakers-list-obasekis-sins-in-letter-to-malami/

The subsisting court order never recognized them as Edo Assembly members.

They are members-elect until they are inaugurated, they are not part of Edo House of Assembly.

Minister of Justice and Attorney General of the Federation, Abubakar Malami (SAN) should as matter of urgent public concern brief them on the position of the law.

Malami has no right to order for their inauguration, he is just an appointee just like a minister.
Only the governor has the sovereign rights to do so.
Malami is over stepping his boundaries,

Then as for tinubu he has no moral Justification to dictate to a sovereign state governor like Edo on how to run it affairs.
It's time Tinubu realise that he is becoming politically Useless

Obaseki will be more concern not getting impeached and court cases now

Still smiling and expecting the next card he and his ipob strategists want to play.

But seriously those supporting Obaseki can be very stupid and an hypocrite.

Look at how he threaten the house of assembly reps. He’s actually threatening another tier of government. Something a whole President can’t do. He went ahead to destroy the house assembly, if every governor act childish like this, will he have a state to govern. Where is separation of power??

Let it be known

That all Obaseki is doing is personal interest. He bought over PDP ticket , na love of the state make am do am? You that was shouting you can’t give state money out, yet you go use am Dey find your personal interest!! Haba!! What about denying the reps elected For the masses represention? Na love of the state make am do am? Bunch of hypocrites!!

Also all the nitwits saying Tinubu has no right to shook mouth, his party is in the opposition so he has every right to criticize Obaseki, the same privilege Wike and Atiku get to shook mouth, same Tinubu or whoever get.

WiLdFLame:
Obaseki will be more concern not getting impeached and court cases now..haha

Still smiling and expecting the next card he and his ipob strategists want to play.

But seriously those supporting Obaseki can be very stupid and an hypocrite.

Look at how he threaten the house of assembly reps. He’s actually threatening another tier of government. Something a whole President can’t do. He went ahead to destroy the house assembly, if every governor act childish like this, will he have a state to govern.

Let it be known

That all Obaseki is doing is personal interest. He bought over PDP ticket , na love of the state make am do am? You that was shouting you can’t give state money out, yet you go use am Dey find your personal interest!! Haba!! What about denying the reps elected by the people represention? Na love of the state make am do am? Bunch of hypocrites!!

I for once is not supporting any candidate as I have no stake in Edo State.

But you are a blatant hypocrite for sidelining the position of the law and conflicting the authority of HOA members with that of members-elect. Until the members-elect present themselves to the elected Speaker of Edo HOA for swearing in, they are not part of the Assembly.

This was the same senerio that played out when Saraki was elected Senate President to the dismay of APC majority members. The APC Senators had no option that to submit to Saraki for their inauguration. This is the position of the law, let stand by it.

LadyExcellency:


I for once is not supporting any candidate as I have no stake in Edo State.

But you are a blatant hypocrite for sidelining the position of the law and conflicting the authority of HOA members with that of members-elect. Until the members-elect present themselves to the elected Speaker of Edo HOA for swearing in, they are not part of the Assembly.

This was the same senerio that played out when Saraki was elected by Senate President to the dismay of APC majority members. The APC Senators had no option that to submit to Saraki for their inauguration. This is the position of the law, let stand by it.

Just listen to yourself

If 19 member as against 5 wants a new speaker, should they be denied of that? They were all Elected by the people the same way. The necessary factors needed to choose a new speaker was met, They’d to impeach the former speaker, elect new one, then the new one inaugurated them...what’s the brouhaha in this?

Joke of the century, Malami can’t prosecute a serving Governor, the governor enjoy the same immunity as Buhari. Having said this, ApC are just trying everything possible to distract obaseki, if they really think it’s possible to impeach him or anyone, they would have done so before the primaries.

WiLdFLame:


Just listen to yourself

If 19 member as against 5 wants a new speaker, should they be denied of that? They were all Elected by the people the same way. The necessary factors needed to choose a new speaker was met, They’d to impeach the former speaker, elect new one, then the new one inaugurated them...what’s the brouhaha in this?

They are already in court battling with their dismissal. Until then, they are outsiders.

LadyExcellency:


They are already in court battling with their dismissal. Until then, they are outsiders.

And what’s the court ruling? Did the court upheld their dismissal? Court said maintain status quo.

Na status quo we still Dey now, till court resume

WiLdFLame:

And what’s the court ruling? Did the court upheld their dismissal? Court said maintain status quo.

Na status quo we still Dey now, till court resume

The status quo is that they remain House of Assembly members-elect, not yet inaugurated hence not yet part of Edo HOA.

Noted

LadyExcellency:


I for once is not supporting any candidate as I have no stake in Edo State.

But you are a blatant hypocrite for sidelining the position of the law and conflicting the authority of HOA members with that of members-elect. Until the members-elect present themselves to the elected Speaker of Edo HOA for swearing in, they are not part of the Assembly.

This was the same senerio that played out when Saraki was elected Senate President to the dismay of APC majority members. The APC Senators had no option that to submit to Saraki for their inauguration. This is the position of the law, let stand by it.

Did you read in their letter to AGF that were prevented from accessing the HOA chambers to take oath of office?
Also their seats can’t be declared vacant by both the Governor and the Speaker because they’re just members elect, until they take oath of office before we can start counting the 180 days legislative attendance.
3 members out of 9 that was inaugurated can form a quorum and select a Speaker temporary to swear in the 14 once they have the service of either Clerk or Deputy clerk available. And all this is what they’ve done.
The AGF has looked at the law and he advised with the backing of the sections of the constitution.
When the AGF advised PMB to desolve the APC NWC, nobody fault him but now that it’s against your wish you said he is wrong. How can 7 be greater than 17.

LadyExcellency:


The status quo is that they remain House of Assembly members-elect, not yet inaugurated hence not yet part of Edo HOA.

3 members that have been inaugurated before can form a quorum. And they select a Speaker tempura to swear in the remaining 14. Deputy clerk of the house is available to conduct that. This is a simple thing. Except you want to say the 3 HOA members can’t form a quorum.

It is happening in Edo State.

It will soon clear from Obaseki's eyes, he was ill-advised

seanfer:


Did you read in their letter to AGF that were prevented from accessing the HOA chambers to take oath of office?
Also their seats can’t be declared vacant by both the Governor and the Speaker because they’re just members elect, until they take oath of office before we can start counting the 180 days legislative attendance.
3 members out of 9 that was inaugurated can form a quorum and select a Speaker temporary to swear in the 14 once they have the service of either Clerk or Deputy clerk available. And all this is what they’ve done.
The AGF has looked at the law and he advised with the backing of the sections of the constitution.
When the AGF advised PMB to desolve the APC NWC, nobody fault him but now that it’s against your wish you said he is wrong. How can 7 be greater than 17.

The can't take the oath of office without a formal sitting presided over by duly elected Speaker of Edo HOA.

The can't reverse the time, just as APC Senators couldn't do during Saraki's election as Senate President.

seanfer:


3 members that have been inaugurated before can form a quorum. And they select a Speaker tempura to swear in the remaining 14. Deputy clerk of the house is available to conduct that. This is a simple thing. Except you want to say the 3 HOA members can’t form a quorum.

No. Three is not a quorum. And without the speaker they will be needing ⅔ hence not sufficient.

LadyExcellency:


No. Three is not a quorum. And without the speaker they will be needing ⅔ hence not sufficient.

To seat the house need 1/3. And not 2/3.
You can do more research.
2/3 is needed when they went to impeach or suspend.

I always say that anybody who thinks he's got the power to exercise a certain level of impunity must realise that there are others who have the power to exercise much higher levels of impunity.

And I always maintained that Obaseki could get away with what he did when he was in APC the ruling party, but if he decamped to the PDP no sitting government would tolerate that.

Obaseki and his advisers knew that if he allowed the entire 24 elected members to be present at inauguration he wasn't going to be able to install his personal speaker.
So he picked the 9 members that were loyal to him and inaugurated them at an odd and ungodly hour and picked their speaker.

Realising that he had succeeded in installing a speaker he then asked the remaining 15 members to come and get inaugurated.

Which kain sense be that?

He would inaugurate them but his personal speaker will remain in place!!.
Which elected house of assembly would accept that?

Now the FG and Oshiomole have descended on him with a higher level of imputniy than his.

Obaseki and PDP should stop crying.

They wanted a power tussle and to flex muscles and now they have it.

seanfer:


To seat the house need 1/3. And not 2/3.
You can do more research.
2/3 is needed when they went to impeach or suspend.

For members of HOA to reconvene a sitting without the authority of the Speaker. The sitting by the 3 Lawmakers plus 14 members-elect is unlawful and unconstitutional. The Speaker and the HOA never adjourned to the said date and venue the meeting took place hence null and void

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