Edwin Clark, Ijaw leader, says it
is wrong for the senate to have ordered Godwin Obaseki, Edo state governor, to
issue a fresh proclamation for the inauguration of the state house of assembly.
According to Clark, the power to
make a proclamation of the commencement of the state house of assembly rests
exclusively with the governor.
The senate had given a week
ultimatum for Obaseki to issue a fresh proclamation for the inauguration of the
state house of assembly, following the inauguration of some lawmakers under
controversial circumstances.
The governor had ignored the
order despite a threat by the national assembly that it would take over the
functions of the state assembly.
“It is unconstitutional and wrong
for the National Assembly to ‘order or direct’ the Edo State Governor to issue
a fresh proclamation. Section 3 places such activity squarely in the Exclusive
List,” a statement released by the elder statesman on Thursday read.
Using the 8th assembly and Bukola
Saraki’s emergence as senate president, Clark said: “In 2015 when the 8th
National Assembly was inaugurated, not all members of the National Assembly
were present that morning.
“There was an announcement that
all elected APC members in the National Assembly should assemble at the
International Conference Centre that morning, and Mr President as the leader of
the APC, who had just returned from an overseas trip, was to address the
members at the meeting before going to the National Assembly for the
inauguration.
“Meanwhile, some members of the
National Assembly, instead of going to attend the meeting at the ICC, gathered
at the National Assembly for the inauguration.
“Thereafter, the former Senate
President, Bukola Saraki, was elected President of the Senate unopposed because
other senators-elect, including the present Senate President of this 9th Senate
and who was the choice of the ruling All Progressives Congress, were at the ICC.
“The above action is in sync with
Section 102 of the 1999 Constitution which states that ‘a House of Assembly may
act notwithstanding any vacancy in its membership, and the presence or
participation of any person not entitled to be present at or to participate in
the proceedings of the House shall not invalidate such proceedings.”
The former federal commissioner
for information urged the national assembly to consider section 11 (4) of the
constitution which states that, “at any time when any House of Assembly of a
state is unable to perform its functions by reasons of the situation prevailing
in that state, the National Assembly may make such laws for the peace, order
and good governance with respect to matters on which a House of Assembly may
make laws as may appear to the National Assembly to be necessary or expedient
until such time as the House of Assembly is able to resume its functions; and
any such laws enacted by the National Assembly pursuant to this section shall
have effect as if they were laws enacted by the House of Assembly of the state:
provided that nothing in this section shall be construed as conferring on the
National Assembly power to remove the Governor or the Deputy Governor of the
State from office.”
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