Edo Assembly Sues NASS Over Move To Take Over Legislative Functions

Speaker of the Edo House of Assembly, Francis Okiye, yesterday,
filed a suit stopping the National Assembly from taking over the
state assembly’s functions at the Federal High Court sitting in
Abuja.

In an originating summon and a motion on notice for
interlocutory injunction with suit number: FHC/ABJ/CS/815/2019
filed by the speaker and the state’s assembly, the plaintiffs asked
Justice Nkeonye Maha to restrain the National Assembly from going
ahead with its plans pending the hearing on the matter.

The suit was instituted against Mohammed Sani-Omolori, the Clerk
of the National Assembly (first defendant), and the National
Assembly of the Federal Republic of Nigeria (second defendant) on
July 17.

The state’s seventh assembly was inaugurated in controversial
circumstances on June 17, when nine out of 24 members-elect during
inauguration elected Okiye as the speaker around at 9 pm.

However, besides the House of Representatives that threatened to
take over the assembly should Gov. Godwin Obaseki fail to issue a
fresh proclamation for the assembly’s inauguration recently, the
Senate had, on Tuesday, passed a resolution giving the governor a
week to issue the proclamation letter or risk the takeover of the
state’s legislature.

The matter, which was brought before Justice Maha on July 23,
was adjourned until July 31 for hearing since the parties were yet
to be served.

However, lead Counsel to the plaintiffs, Ola Olanipekun, SAN,
yesterday, told the court that after the defendants had been
properly served as ordered by the court, the Senate on Tuesday,
July 30, still went ahead and passed a resolution for the takeover
of the assembly if the governor fails to comply with its
resolution.

He explained that the defendants, through their lawyers, had on
Tuesday served the plaintiffs a counter affidavit to their motion
and written address and also filed a memorandum of conditional
appearance.

He said it was disheartening that despite that the governor had
already issued a proclamation which was duly gazetted officially
and that the members of the state assembly had duly been
inaugurated, principal members elected and the house has since been
performing its functions, the federal lawmakers directed Obaseki to
issue a fresh proclamation.

The judge adjourned the case until August 7 to enable the
complainants respond to the counter affidavit and written address
filed by lawyers to the National Assembly.

The judge, however, asked the parties to respect the sanctity of
the court as the matter was still pending in court.

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