Edo Assembly crisis: ‘Why lawmakers’ suit against inauguration cannot stand’

AS Nigerians await the next line of action by the National Assembly when the deadline given to Governor Godwin Obaseki to issue a fresh letter of proclamation expires in few days time and several litigations across the country already trailing the inauguration, a legal practitioner and public notary, Olayiwola Afolabi yesterday said the legal action taken by some of the lawmakers challenging the June 17 inauguration of the house and the election of leaders would not stand as he said there are obvious deficiencies in the suit instituted.

Victor Editor, Washington Osifo and Crosby Eribo on behalf of 12 other members in Suit no B/810S/2019 are challenging Hon Frank Okiye, Yekini Idiaye as the ‘purported Speaker and Deputy Speaker, the Clerk of the house of assembly, Commissioner of Police, Department of State Security and Commandant, Nigerian Security and Civil Defence Corps and they want the court to declare the June 17 inauguration as “unlawful, illegal, unconstitutional and a nullity ab initio” and to declare the election of Okiye and Idiaye as Speaker and Deputy Speaker ineffectual, illegal and should be set aside.

But Afolabi who is appearing for Idiaye, yesterday, faulted the claims of Editor and others, saying that there are no proper parties before the court “Thus depriving the court of jurisdiction to entertain the suit of the claimants.”

He said in civil proceedings there must be proper parties before the court and that since the other 12 members-elect were specifically mentioned in the suit, the court has no jurisdiction.

Also, he said the claimants do not also have powers to bring federal institutions, in this case, the police, DSS, NSCDC into a case in the state high court whose actions can only be questioned at the federal high court.

Afolabi also said the lawmakers-elect has not complied with Section 94 of the 1999 constitution as amended which give conditions a member-elect must meet before being addressed as a lawmaker.

He said “The claimants have not shown any documentary evidence to the fact that they have sworn as Honourable members of the Edo State House of Assembly members thus making them lack the locus to bring the suit to contest the inauguration of the 7th assembly”

But the claimants want the court to determine whether, by virtue of Section 91 of the constitution of Nigeria, Edo State House of Assembly is constituted by only nine members.