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Don’t Set Edo Ablaze, Obaseki Warns Senate

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By: Nneka Amaechi-Nnadi, Abuja

The Edo State Government has described as unconstitutional and a flagrant disregard for the Principle of Separation of Powers, the resolution of the Senate directing the Governor of Edo State to issue a fresh proclamation for the inauguration of the Edo State House of Assembly.
In a statement issued, yesterday, and signed by Secretary to the State Government, Osarodion Ogie Esq., the state government declared that “this illegality will not stand”, and advised “powerful persons not be allowed to set our state ablaze merely to satisfy their thirst for power and control.”
According to the statement: “The Edo State Government watched with alarm today as the distinguished Senate of the Federal Republic of Nigeria in a step that was not totally unexpected, purported to pass a resolution in the following terms: – Directing the Governor of Edo State to issue a fresh proclamation for the inauguration of the Edo State House of Assembly, and Ordering a fresh inauguration of the Edo State House of Assembly within one week from the date of the said Resolution.
“As earlier mentioned, this move was not unexpected in the light of the enormous political pressure which had been brought to bear on the Officers and Members of the distinguished Senate by the highly placed and powerful persons who are intent on foisting their will and choices on the good people of Edo State.
“This is borne out by the recorded statements made by one Seid Oshiomhole (a Member-elect and younger brother of the National Chairman of the All Progressives Congress Comrade Adams Oshiomhole) wherein he boasted that both the Senate President, Senator Ahmed Lawan and the Speaker of the House of Representatives, Rt. Hon. Femi Gbajabiamila have been instructed on what to do in this matter.”
The statement added: “The Government of Edo State wishes to observe that the Chairman and Members of Ad-Hoc Committee of the Senate which visited Edo State were made aware of the existence of at least three suits pending before various courts wherein the factual and legal dispute regarding the Edo State House of Assembly inauguration have been submitted to the Courts by both contending parties for resolution.”
Ogie noted that “The Ad-Hoc Committee also failed to inform the Senate of the existence of a valid injunction in Suit No FHC/B/OS/70/2019 wherein the Federal High Court restrained various parties from interfering in any manner with the activities of the Edo State House of Assembly which said order had been brought to their attention in the course of their visit to Edo State.
He maintained that: “In point of fact in Suit No. FHC/PH/CS/159/2019 the National Assembly, the Clerk of National Assembly, the President of the Senate and Speaker of House of Representatives amongst others were specifically ordered by the Federal High Court to maintain the Status Quo as at 25th July, 2019.
“The Edo State Government is further aware that in suit No. FHC/ABJ/CS/815/2019, wherein the Clerk and the National Assembly are defendants before the Federal High Court in Abuja, the National Assembly and the clerk have not only been duly served with the processes but have entered appearance in the matter.
“It is unfortunate that the Distinguished Senate would act in flagrant breach of these various court orders and purport to come to factual and legal conclusions concerning a matter in which the parties are already before the courts and therefore subjudice.
“We are also concerned that the Members of the Distinguished Senate appear to have very scant regard for the principle of separation of powers as enshrined in our Constitution which is manifested by their taking over the functions of the Judiciary in dispute resolution and giving directives to a governor of a state who is certainly not subject to the supervision of the National Assembly.
“The Edo State Government maintains that there is nowhere in the Constitution particularly Section 11(4) which enables the National Assembly to “take over” any House of Assembly or in this respect, the Edo State House of Assembly.”
The SSG added that “It must be further observed that it has always been the contention of the Edo State Government that the power to issue a proclamation for the inauguration of a House of Assembly as set out in Section 105(3) of the Constitution of the Federal Republic of Nigeria was duly and completely complied with and it is not within the power of the Governor to recall same once issued or to perform the same act multiple times. Once the Governor issues a proclamation letter, his job is done.
“It is the duty of the Clerk of the House of Assembly to inaugurate the House of Assembly and he has since performed that task. He has further approached a court of law to seek a validation of his actions. The pronouncements of the Distinguished Senate on the subject (with respect) is clearly misconceived and would amount to interference in the role of the courts which may in fact constitute contempt with which the governor would not wish to be associated.
“The Government of Edo State firmly believes that our state is not a colony or a vassal of any person or persons exercising power in Abuja and we shall take all necessary steps within the ambit of the law to defend and validate our position and actions on this matter.
“We call on all persons of goodwill to call the powerful wielders of “power and authority” in Abuja and elsewhere to refrain from acts which are clearly unconstitutional, undemocratic and a flagrant disrespect for the principle of due process and separation of powers.
“These powerful persons should not be allowed to set our state ablaze merely to satisfy their thirst for power and control. As we have always maintained on this subject: – This illegality will not stand!!!”
Earlier, the Senate had given Governor Godwin Obaseki of Edo State one week to issue a fresh proclamation for the constitution of the Edo State House of Assembly or the Senate takes over its legislative functions.
The Senate took the decision, yesterday, at the plenary when it received the report of its ad hoc committee led by Sen. Abdullahi Sabi (APC Niger) which had, in the past two weeks, investigated the crisis in the assembly.
The committee had initially recommended three weeks for the take-over, but the recommendation was later amended to a week.
The Senate said that its action was hinged on Section 11 (4) of the 1999 Constitution which empowers it to wade into such crises and take over the legislative duties of such crisis-ridden assemblies.
The Senate started looking into the matter following a point of order raised by Sen. Opeyemi Bamidele (APC Ekiti) on July 10.
Among other recommendations of the Senate is that a proper proclamation should be issued by Obaseki and must be advertised in both print and electronic media, inviting all the 24 members of the assembly to its inauguration.
However, a contrary position was taken Sen. Rochas Okorocha (APC Imo), who said that the Senate appeared to be in a hurry to take over the Edo State House of Assembly.
“The National Assembly seems to be overreaching its boundary in this matter. We appear to be in a hurry to take over the Edo State House of Assembly.
“We should see this as a family affair in APC and we must not ridicule ourselves in public, rather we should look into the matter instead of this position the Senate is taking.
“I have been a governor before and I think what is happening in Edo is simply a failure of leadership which can be addressed,’’ he said.
Sen. Sam Egwu (PDP Ebonyi), however disagreed, saying that it was wrong for the state governor to have constituted an assembly by 9 p.m., referring to a claim of the ad hoc committee.
“It is suspect for the governor to have issued a proclamation constituting a parliament by 9 p.m. For me, the governor did a very wrong thing,’’ he said.
President of the Senate, Dr Ahmad Lawan, while defending the position, said: “The decision is in conformity with the decision of the House of Representatives two weeks ago.
“If the National Assembly can reach out to the president on any matter, I don’t see any reason why same cannot be done in any state when democracy is threatened.
“I thank the National Assembly and the committee for coming to the rescue of democracy again,’’ he said.
There have been crises in Edo Assembly since June 17, following the alleged irregularities involved in constituting the state assembly.

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Bonny-Bodo Road: FG Offers Additional N20bn, Targets December Deadline

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The Federal Government has agreed to offer additional N20.5 billion for the completion of the Bonny-Bodo road project in December.
The government, however, said if the construction company, Julius Berger, was not ready to accept the offer, the contract will be terminated.
Minister of Works, David Umahi, said this during a meeting with the Managing Director of Julius Berger, Lars Ritcher and members of Bodo-Bonny Road Peace Committee, on Wednesday in Abuja.
The reports that Julius Berger had requested asking for a N28 billion variation on the 82 per cent completed project.
The company hinged its request on the rise in exchange rate, construction materials, and diesel among others.
Umahi, however, said the government was willing to provide N20 billion out of the N28 billion that Julius Berger requested for.
According to him, the Bonny-Bodo road contract which was initially awarded at the cost of N120 billion in 2015, was later varied at N199 billion with a completion dateline of December 2023, which has since elapsed.
The Tide’s source recalls that in 2017, an agreement between the Federal Government, Nigeria Liquefied Natural Gas (NLNG) and Julus Berger on modalities for funding the project cost of N199.923 billion, without any further increase.
“If you do not accept the Federal Government’s offer by Friday and resume work on the site, the previously expired 14-day ultimatum for termination of project will be enforced.
“I want to let you know that we are the client. No contractor will dictate for this ministry, and there is no job that is compulsory that a particular contractor must do.
“We give you an offer. If you do not like the offer, you walk away. You don’t force us or we don’t force you.
“Agreement of contractual relationship is a mutual understanding,’’ the minister said.
Umahi said that had Julius Berger adhered to the project timetable, the project would have been completed on schedule before the impact of foreign exchange.
“Our position is very simple, we reject the conditions of Julius Berger totally and we ask Berger to please go back to the site to complete the project based on our offer.
“Our offer is unconditional and we say, accept or reject, so you cannot subject our offer to your conditions ,’’ he added
Umahi said the company should be humble in its dealings and exhibit solidarity during challenges.
Earlier, Richter had explained that the company suspended work on the site to seek some clarifications from the ministry.
According to him, the company asked for the augmemtation of N28 bilion because as at the time the contract was awarded the exchange rate was N305 to a dollar and diesel was N350 eor litre.
“We will still require some outstanding materials; that means that the initial agreement can’t fly because the variation of project is not sufficient and the exchange rate is also not in our favour to compensate the additional costs.
“That is why we decided to go back to our original proposal of the augmentation. Augmentation is a very normal process for all contracts,” the managing director said.
Chief Abel Attoni, Palace Secretary, Bonny Kingdom, expressed gratitude to President Bola Ahmed Tinubu over the decision to complete the Bodo-Bonny road project.
Attonu urged the parties to be patriotic and make the necessary sacrifice for the actualisation of the project.

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Court Vacates Arrest Warrant Against Ehie, Five Others

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The Federal High Court, sitting in Abuja, yesterday, set aside the warrant of arrest against Rt. Hon. Edison Ehie, the Chief of Staff, Government House, Rivers State, and five others.
Justice Emeka Nwite stated this while delivering his ruling in an application seeking to vacate the warrant of arrest which he issued on January 31, 2024.
The Judge said he was misled by the police in ordering the arrest of Ehie in connection with the burning of the Rivers State House of Assembly on October 30, 2023.
The Police, had told the court that Ehie and five others masterminded the bombing of the Rivers State House of Assembly amid a plot to impeach Rivers State Governor, Siminalayi Fubara.
The five others are Jinjiri Bala, Happy Benedict, Progress Joseph, Adokiye Oyagiri, and Chibuike Peter, alias Rambo.
Justice Emeka Nwite while setting aside the warrant said it has now become a mere academic exercise.
The judge further granted same to the 2nd to 5th Defendant/Applicant in same suit.
Femi Falana, SAN, and Oluwole Aladedoye, SAN, who appeared for the defendants in separate suits, held that the court lacked the jurisdiction to have granted the order.
While Falana filed a motion seeking an order to set aside the January 31 order by Justice Nwite, Aladedoye applied for a stay of execution of the arrest order.
In a motion marked: FHC/ABJ/CS/112/2024 dated February 2 and filed on February 7 by Falana, Ehie sought two orders, including “an order setting aside the order made on January 31 for want of jurisdiction.
“An order of this honourable court staying the execution of the order made on the 31st January 2024, pending the hearing and determination of this application.”
Giving six grounds of argument, Falana argued that the complainant had not filed any criminal charge or motion before the court.
The senior lawyer argued that the court lacked the territorial jurisdiction to entertain the ex-parte application as the alleged offences of conspiracy, attempted murder, murder and arson took place in Port Harcourt, the state capital.
“He submitted that the court lacked the vires to grant an application to arrest and declare his clients wanted in respect of the alleged offences.
“The complainant/respondent (IG) did not adduce evidence of terrorism in the affidavit in support of the application.
“The complainant/respondent did not cite any section of the Terrorism Prevention Act, 2013 (as amended) alleged to have been contravened by the applicants,” he argued.
Aladedoye in a motion on notice dated and filed February 9, on behalf of the five defendants, sought two orders, including
“an order staying execution or further execution of the order(s) of this honourable court made on the 31st of January, 2024, pending the hearing and determination of the appeal filed by the applicants.
“An order of injunction restraining the complainant from carrying out or further carrying out the orders of this honourable court made on the 31st January 2024, pending the hearing and determination of the appeal filed by the applicant in this case.”
Giving a three-ground argument, Aladedoye said that a notice of appeal had already been filed against Justice Nwite’s orders.
According to the senior lawyer, the notice of appeal contains grounds that challenge the jurisdiction of the honourable court.
The Inspector-General had, in a charge marked: FHC/ABJ/CR/25/2024, arraigned the defendants on a seven-count criminal charge bordering on terrorism and murder.

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13 Students Bag First Class, 182 PhD As IAUOE Graduates 5,550, Today

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The authorities of Ignatius Ajuru University of Education (IAUOE), Rumuolumeni, in Rivers State, have stated that 13 students will be graduating with first class while 182 graduands will bag Ph.D during the 42nd convocation ceremony of the university billed to hold today and tomorrow.
The Acting Vice Chancellor of the University, Prof. Okechuku Onuchuku, disclosed this during pre-convocation press briefing held in his office, yesterday, to unveil the programme for the convocation ceremony.
Onuchuku said that the 13 students were among the 4,653 graduands expected to graduate for the 2022/2023 academic session with first degree, while 897 students will be graduating with postgraduate degrees.
The Acting Vice Chancellor while giving the breakdown stated that 13 students made first class, 890 students bagged second class upper while 2,739 students had second class lower for first degree.
He further stated that 182 graduands bagged PhD, 667 got master’s degree and 48 got postgraduate diploma, adding that the convocation ceremony will hold today and tomorrow for first degree graduands and postgraduate graduands respectively.
He said that a total of 47 programmes out of the 54 programmes being undertaken at the first degree levels had been given full accreditation by the National University Commission (NUC) as well as all the programmes at the postgraduate school.
“We have ensured that our programmes both at the first degree and post graduates are in line with the NUC stipulated guidelines and speculations. We have also ensured that we are in line with both our academic and administrative policies,” he said.
Prof. Okechukwu urged the graduating students of the institution to always remember to use thier positions to help their alma mater as well as project the institution in a good image in the larger society.
“Try to ensure you finish any project you want to do, evaluate it first and avoid unfinished or abandoned projects. We will be graduating first degree graduands on Friday while Saturday will be for postgraduates, “he added.
Prof. Onuchukwu also said his administration had achieved a lot since he assumed office as Acting Vice Chancellor, stressing that his administration had improved on the welfare of the staff and the students.
“There are a lot of projects completed in the school; we have also given scholarship to some students and also encouraged departments to do same. We also impacted positively on our host communities”, he said.

Akujobi Amadi

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