NASS Cannot Take Over Edo Assembly’s Functions -Court

A Federal High Court in Port Harcourt yesterday restrained the National Assembly from interfering in the affairs of Edo House of Assembly.
Justice KolawoleOmotosho in a ruling also stated that NASS could not compel Governor Godwin Obaseki of Edo State to issue another proclamation within the lifespan of an existing proclamation for the inauguration of Edo House of Assembly.
The court gave the order when it delivered judgement in a suit brought by MrYekiniIdiaye, the Deputy Speaker of Edo Assembly, and Henry Okhuarobo, the member representing Ikpoba-Okha State Constituency.
The plaintiffs had approached the court to challenge alleged moves by NASS to take over the functions of the Edo House of Assembly.
The court also ruled that NASS lacked the power to take over the functions of Edo House of Assembly or any other House of Assembly in the country.
Omotosho said that NASS lacked the power to direct the Edo governor to issue a fresh proclamation to the Edo State House of Assembly as this would lead to extending the tenure of members of the House of Assembly.
The judge also stated that NASS could not seal or direct anybody to seal the State House of Assembly in Edo because the House is not its appendage.
Omotosho said, “There is nothing before the court to show that the Edo State House of Assembly is unable to sit.
“Some elected members have been inaugurated. The House has been carrying out its legislative duties. The National Assembly lacks the power to take over the Edo State House of Assembly.
“It amounts to taking over the functions of the Edo State House of Assembly. The House of Assembly is not an appendage of the National Assembly.
“The National Assembly lacks the power to seal-up or direct anybody to seal-up the Edo State House of Assembly.
“The Nigerian Constitution is a federal constitution and the National Assembly cannot unilaterally decide that Edo State House of Assembly is in crisis and seal-up same.
“It is only a court of law that has the power to make findings, particularly after listening to parties, to decide if the National Assembly can take over a House of Assembly.