Re-Proclamation Of Edo Assembly: Court Faults Senate, Stops It

The Federal High Court in Port Harcourt has faulted the Senate over its directive to Governor Godwin Obaseki to repeat the proclamation of the Edo State House of Assembly.

The court, therefore, 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 court also granted an order restraining the inspector General of Police and the State Security Service, their servants, agents, officers or privies from sealing up the Edo State House of Assembly, or obstructing activities at the Edo Assembly.

The court said that the orders followed requests sought by the deputy speaker of the Edo House of Assembly, Hon. Yekini Idiaye and a member representing Ikpoba-Okha Constituency in the Edo Assembly, Hon. Henry Okhuarobo, who are the plaintiffs.

In the obtained order paper dated August 2, 2019, the court said: “The plaintiffs/applicants are granted an order of interim injunction, restraining the 1st-3rd Defendant/Respondents (Clerk of the National Assembly, the President of the Senate and the Speaker of the House of Representatives), their servant, agents, officers or privies from interfering or taking over the legislative functions of the Edo State House of Assembly pending the determination of the substantive suit.”

The court also granted an order of interim injunction restraining the 4th-5th Defendant/Respondents(Inspector General of Police and the State Security Service), their servant, agents, officers or privies from sealing up the Edo State House of Assembly or obstructing the Plaintiffs/Applicants in whatever manners in the performance of their constitutional duties as members of the Edo State House of Assembly, pending the determination of the substantive Suit.

“The Plaintiffs/Applicants are granted an order of interim injunction restraining the 6th Defendant/Respondent (the Governor of Edo State) from issuing any fresh proclamation for the holding of another first session for the Edo State House of Assembly pending the hearing and the determination of the substantive suit” the court said.

The plaintiffs, Hon. Yekini Idiaye and Hon. Henry Okhuarobo had prayed the court in Suit Number FHC/PH/CS/159/2019, to restrain the Clerk of the National Assembly, the President of the Senate, the speaker of the House of Representatives, Inspector General of Police and the State Security Service; ( all defendants) from taking over the duties of the Edo House of Assembly.

Prior to this, a High Court in Benin City last month gave a restraining order to the All Progressives Congress (APC), Inspector General of Police, the Commissioner of Police in Edo State and Mallam Lanre Issa-Onilu, the APC Publicity Secretary, from interfering in the constitutional duties of members of the Edo House of Assembly.

Justice M. Umar gave the order following a motion ex-parte, filed by Alhaji Yayaha Audu Omogbai, Clerk of the Assembly and the Edo State House of Assembly.