Inauguration Of Edo State House Of Assembly

Inauguration Of Edo State House Of Assembly: Interrogating The Press Release By Committee Of Benin Elders

A press release by a Committee of Benin Elders, published in the Vanguard Newspaper of August 13,2019, page 24 and the legal opinion of Hon. Justice S O Uwaifo, a retired Supreme Court Justice published in the Punch newspaper of August 13,2019,page 34,justifying the controversial inauguration of the 7th Edo State House of Assembly require the interrogation of the fundamental issues raised therein as they affect democracy in Edo State in particular and Nigeria in general.

There is no doubt that the names listed as the authors of the press release in support of the questionable inauguration of Edo State House of Assembly-Chief( Prof) E.U. Emovon, Hon(Justice) S. O. Uwaifo, Princess(Prof) Mrs.A. Emovon,Hon(Justice) I. O.Aluyi, Hon(Justice) J.O.Olubor, Prof.D.E. Agbonlahor, Emeritus Prof.R.O.Elaho, Emeritus Prof.A.A.E.Orhue, Prof.U.Edebiri, Brig-Gen(Dr) D.O.Ikponmwen,  Maj-Gen S.E.Asemota and Maj-Gen C.O. Omoregie are eminently qualified Benin Elders.

What is curious however, and the reason for the interrogation of their support for the controversial inauguration of the Edo State House of Assembly is the complete absence of any moral and legal foundation for their arguments and conclusions whatsoever.

In the press release under reference they stated as follows-

(1) The inauguration of Edo State House of Assembly was a Constitutional issue that should not be politicized.

(2)That the Governor of Edo State made a Proclamation by a letter to the Clerk of Edo State House of Assembly on the 17th of “July”(sic),2019, and that was what the Governor was expected to do.

(3)The Clerk of the House who has responsibility to inaugurate the house did so that same day with the members elect present.

(4) From what is known, the State Party Caucus had in mind those to hold certain official positions in order to have a political balancing among the Senatorial Districts in the State.

(5) Those who disagreed with the party’s stand decided to stay away from the inauguration despite the telephone calls by the Clerk of the House to the members-elect.

(6) There is no Constitutional requirement that there should be a full House for inauguration to take effect, what is required is a quorum and in the case of Edo State House of Assembly ,1/3, that is 8 out of 24 was required for inauguration.

(7) That the business of Edo State House had fully commenced in the interest of Edo State.

The claim by the Elders that the inauguration of Edo State House Assembly is a Constitutional issue that should not be politicised is absolutely correct. Sadly, in a desperate search for reasons to support what is wrong , the Elders contradicted themselves by saying that the Party Caucus had in mind those to hold certain official positions in the House, and those who disagreed decided to stay away from the inauguration. The question to ask is – is the inauguration of the House of Assembly a business of the Constitution or an activity of a political party? Are these official positions of the House appointees of the political party or elective offices to be carried out by only the elected members of the House? If they are appointees of the political party, why should members stay away from the inauguration of the House after the appointments have been made by the political party? If the official positions of the House are elective, why should the majority,(15) members-elect stay away from inauguration and allow (9) to elect the presiding Officers of the house? Their reasoning in this regard is ludicrous to say the least. It will be interesting for these Elders to tell Nigerians whether the inauguration of the House of Assembly is only about certain officers of the House or a Constitutional requirement for the enthronement of the Legislative Arm of Government.

It is highly embarrassing for some eminent Benin Elders to be presenting to the public the position of the Political Party Caucus on the inauguration of the House when at the same time they claim not to be members of All Progressives Congress, (APC). Are they the Publicity Committee of the Edo APC set up by Anselm Ojezua?The attempt to defend the position of the Clerk of the House on the invitation of the Members-Elect through telephone calls for inauguration and decision for majority of the members-elect to stay away because of the decision of the party caucus on the official positions of the House is most ridiculous because no rational person in Edo State was aware of the Proclamation of Edo State House of Assembly before the late night inauguration on the 17th of June,2019. Shockingly, these Elders cannot claim not to know that that event was conducted at night. And they cannot swear by whatever deity they believe in. What kind of society are we where elders turns truth on its head?

Surprisingly, there is no space in the press release where the elders mentioned that they ever invited the majority elected members excluded from the inauguration for any interview or discussions. How can a retired Supreme Court Justice and other eminent Jurists among the Committee of Elders condescend so low to rush into a judgement in a conflict involving two parties without hearing from the other side? Where is the place of the doctrine of audi alteram partem( hear the other side) which is a fundamental pillar of justice and the rule of law they dispensed in their years at the bench of superior courts of records in this country?

It is highly doubtful whether these Elders are aware of the date and time of the inauguration of the 7th session of Edo State House of Assembly . Their press release stated that the Governor made a Proclamation letter on the 17th of July,2019 to the Clerk and the inauguration was done that same day by the Clerk of the House. The controversial inauguration of Edo State House of Assembly was held in the late night of 17th June, 2019, and not the 17th July,2019 as claimed in their hurried attempt to defend a patently wrong act. And how can these elders defend the moral and legal propriety of inauguration of the House by the Clerk on the same day the Proclamation was issued by the Governor?Is the element of the Proclamation of a State House of Assembly a secret correspondence between the Governor and the Clerk of the House or a public announcement for the information of the Members-Elect and the general public as defined by Law, Public Policy and pristine parliamentary practice and traditions?

The Elders deliberately closed their eyes to the provisions of Section 91 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) which states that no membership of House of Assembly of any State in Nigeria shall be less than 24 or more than 40 to mislead the public when they claimed that there is no Constitutional requirement for all Members-Elect to be present before inauguration. The existence of the above section queries the integrity and impartiality of the Elders. It is therefore surprising how these Elders came to the conclusion that the inauguration of the House can take place without the invitation or notice to all Members -Elect. Those to be inaugurated are legally title holders that must be compulsorily invited to the inauguration. The issue of quorum can only be relevant if there is evidence of Proclamation and invitation of all Members-Elect for the inauguration. Any Member-Elect can be absent on his personal volition, but not to be criminally schemed out in order for an individual or a group of persons to achieve an unlawful objective. These Elders deliberately stabbed morality without any concern that those excluded from the inauguration are equally Edo sons.

For some strange reasons they have become blinded by some ethnic considerations to take side with a minority of the Edo State House of Assembly against the majority simply because a Governor who dispenses favour and patronage out of our collective patrimony have prodded them to do so. Posterity will judge!

It is totally untrue for the Elders to say that the Business of Edo State House of Assembly had fully commenced and already functioning in the interest of Edo State. In the contemplation section 105(3) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) NO House Assembly can be inaugurated without a Proclamation and by practice an invitation must be officially extended to all stakeholders particularly all the members-elect to the inauguration. There are two legal elements of Proclamation of the House. The notice of the Public and the invitation of all Members-Elect to the inauguration. Until the Governor of Edo State uses the machinery of his office to give these two elements to his letter of Proclamation to the Clerk of the House or the Clerk enforcing these two elements on the strength of the letter of Proclamation from the Governor, what you have is a gang of violators of the Constitution and the Laws of Edo State usurping the rights and Sovereignties of the Constituencies and Members-Elect that have been deprive of lawful inauguration. The implication of this is that Edo State House of Assembly is a candidate of section ,11(4) of the Constitution . It cannot legally be called a state Legislature in view of Section 91 of the Constitution of the FRN 1999(as amended). In that circumstance, the National Assembly can intervene until the normalcy, respect for law and constitutionalism are replaced because there is no legal House of Assembly in Edo State and those masquerading or pretending to be officials of the House are impostors that should be dismissed.

The threat of declaring the seats of the Members-Elect that have not been inaugurated vacant because of the Constitutional requirement 180 legislative days is equally laughable. A tenant cannot be default of a rent when the landlord has not given access into the apartment. It is sickening and a corrupt counsel that the Members-Elect that have not be inaugurated should make themselves available to an illegal Speaker for swearing-in. All the Elected Members of the House of Assembly are equal by rights and privileges . The first among equals or the Speaker can only exercise such right by voluntary consent and the election by majority members of the House. The man pretending to be speaker was never elected by majority of the members of Edo State House of Assembly .Can the Benin elders deny this fact? He is presently presiding over 9 members and 14 out of the 24 members of the House are challenging his authority and the illegal inauguration of the House.

Consequently, it suffice to say that the said press release of the Benin Elders is not self serving and but unhelpful to the roles expected of Elders in any decent society. Edo State is supposed to he decent society, and the opinion of these Elders do not reflect the position of all men and women of good will in Edo State. The content of the press release should be ignored and the authors are at best seeking the attention of the Governor for their parochial, narrow and immediate personal interest. Their role is supposed to be conciliatory instead of becoming advocates of immorality and illegality. They are not helpful to the desperate political ambition of the Governor for reasons that the Members-Elect that were excluded from inauguration are members of APC and delegates to the gubernatorial primaries of All Progressives Congress. These Elders are not. What nature of help is the press release by these Elders for APC, Governor Godwin Obaseki and Democracy in Edo State other than to exacerbate the already tended political atmosphere in the State?.

It is most unfortunate that Hon. Justice S.O. Uwaifo, a retired Supreme Court Judge on page 34 of Punch newspaper dated 13 August,2019 will take his views on a matter concerning the inauguration of Edo a State House of Assembly pending in in several courts to the public via a newspaper advertorial. A retired Justice of the Supreme court, how did he pay for it and for what purpose? For a man of his standing , it is legally sacrilegious and repugnant to natural justice, equity and good conscience, offensive, embarrassing and a total disrespect to the ethics of the legal profession to descend into an arena an offer a governor induced legal opinion aimed at intimidating the presiding Judges in the cases to rely on such Pedestrian and watery legal polemics . His legal opinion on the House of Assembly inauguration crisis is NOT a Judgement of a Higher Court or a Ruling of a Higher Court for the implementation of a lower Court. It should therefore be disregarded by the Judicial Officials sitting on Edo State House of Assembly crisis and the Nigeria public should note this novel attempt by retired judicial officers to subvert the course of justice.

We unequivocally commend and encourage the National Assembly and the Judiciary to speedily resolve the crisis of Edo State House of Assembly in line with the Laws and Constitution of the Federal Republic of Nigeria. Edo people and the general public should ignore the press release of the Elders that lead to no peace, but a justification of repulsive conduct.

Signed by:

Committee of Benin Progressives.

Adams-Oshiomhole-1

I Did Not Teach Obaseki, Shaibu How To Lose Elections

*I did not teach Obaseki, Shaibu how to lose elections ― Oshiomhole*

*_…Says Gov Obaseki lost his ward, senatorial district in the Presidential election_*

*#News@ChrisOsaMediaGroup*

National Chairman of the All Progressives Congress (APC), Comrade Adams Oshiomhole has reacted to comments by governor Godwin Obaseki of Edo State and his deputy Philip Shaibu, that he (Oshiomhole) taught them all they are executing today in the state including the fight against godfatherism.

Oshiomhole who reacted in a television programme weekend said he never thought them violence being exhibited today in the state and losing elections because “I have always been a winner”.

According to him, “I have read them several saying that I thought them all they are doing today. This is laughable because I never thought them how to lose elections. As we speak today, the governor (Obaseki) lost his ward, Local Government and senatorial district in the last Presidential election. As we speak, the governor is being represented by the PDP in his Federal constituency and senatorial district. These in my view were early morning signals about need to change tactics., stop threatening people, saying you will crush, who are you crushing?

“But I won my entire senatorial district for Mr President and I am being represented by an APC senator and House of Representatives. Then his Deputy Philip, in Jattu where he comes from, in his polling booth where he and his family voted, Philip Shaibu lost. He lost his booth during his own governorship election in which he was standing as Deputy governorship candidate. So if he learnt from me, he should have learnt well because I never lost election in my village.

“There is nobody in my village who can work against me because when I go home I relate with them, I am an ordinary man. You see when you have power and you don’t use it you are even more powerful. And you must know when to talk tough and when to talk soft. When I am in my village I am just like an ordinary man. I argue and play with my people. The only man that was doing PDP in my village, the youths said how can he be doing PDP but I said no, you have to persuade him to join us.

“And today that young man is one of my PAs. So he (Philip) is one of my very poor students, Kakhi is not a lesson and fighters must be tactful and strategic. No sensible man will fight people who vote for them. Those they are fighting now, some of them delivered 95 per cent of the votes in their units while they lost their own areas” he said.

Regretting that Governor Obaseki and his deputy have unleashed mayhem on APC members in Edo state, Oshiomhole narrated that “Even a professional fighter you choose your fight. The other day when Shaibu led thugs to my village with Okada riders and he said during my court case Okada people were following us. It shows how poorly he can interpret situations. Did we ever use Okada riders to intimidate ACN elements then, never.

“And those Okada riders were not hired by me, they bought into my vision. They have heard of me as President of NLC and on that basis they all voted for me, so when I was rigged out they took the fight to the PDP. The problem is that Philip does not know the difference between

family disagreement that can be settled through conversation and political opponents that need to be fought and defeated. But even my language is defeat my opponent and not crush my party members.

“It is only Philip and his boss that talks about crushing APC members. If you become a crushing machine and God enable you to crush your people who will you govern assuming you win. When elections start between us and PDP unleash that energy, you cannot possibly be making electoral sense by using your office or position to attack, brutalize and intimidate and even lie against your party members. And all I have tried to do is to tell him (Obaseki) that you will never have a political party that looks like a golf course.

“A political party is like a forest, in that forest you have many animals. The politician is the guy who goes into this forest, knowing fully well that all the dangerous animals are there but he is going for the antelope or the grass cutter which he wants to use to feed his family. He goes there get his antelope or grass cutter home and feast without being crashed.

“So the minimum requirement of political leadership is to be able to deal with all kinds of characters, use them to get what you want. And I said to him, you have to manage these people because for me as long as they deliver their units on the day of election you have to manage them. In my first term election when I don’t know the politicians too well, I won Oredo, Egor, Ikpoba Okhai, we were only rigged out in Ovia and Orhiomwon in 2007.

“It is those Benin votes and the small we got from Edo North that we used to defend my mandate in court. Look at the way they humiliated Ogbemudia’s daughter for refusing to abuse me, the woman only said I cannot abuse Comrade rather as a mother I will join hands to settle the dispute between you people. But they said they don’t want settlement they want to crush. Three days later they crushed the woman by suspending her as chairman of Egor Local Government.

“So it is a pity that they don’t know the difference between internal contestation and internal mechanism for resolving them and fighting the opposition. Killing is out of the kind of politics we practice, maiming is out of it. Now I told him Mr governor, with all the reservation people, were raising, talking about history, we convinced them to support you and it worked for you and you got elected, even if the margin of defeat was not as much as my own, but they worked for you.

“Then why do you now want to distort the system by creating so-called new political structure, is there a structural defect? He said he will retire all the politicians but I said to him will you retire somebody you did not hire. Most of these politicians I met them in the business. I have to go to their houses to convince them I want their support and when they give me that support I work hard to appreciate them. So if this is being foolish I want to remain foolish. As long as they work for me and Edo remain the only state in the South South that we have APC.

“The only thing I invested in defeating PDP in Edo state is my integrity and my capacity to persuade and mobilize. Politics is a leveler, people who are detained by their ego can’t make it in politics. And I do not know any political party where you don’t have disagreement but as leaders, all you need to do is to call them and explain yourself. If it happens they are right and you are wrong, you apologize. For me this remains the way to go calling everybody together. Not the clapping society where you selected those who praise you to high heaven” he stated.

Gov. Godwin Obaseki

Gov. Godwin Obaseki Missed It From The Beginning By Launching A War Of Attrition On The Political Class And Members of His Own Party

Gov. Godwin Obaseki missed it from the beginning by launching a war of attrition on the political class and members 9f his own party.

He assumed power and became a demi god. In performance we can’t see any major thing in three years. At the end of three years he was holding seminars and Summits . Major projects to differentiate his government compared to his predecessors’ were nowhere to be found yet we know the capital receipts and how they are developing wings and flying out of Edo state.

His government is certainly not the APC brand and We cannot keep quiet in the face of these realities

~ Hon Samson Osagie

FB_IMG_1504162373712-1

Edo State House Of Assembly Impasse: Sections 91 And 11(4) Of The Constitution Of The Federal Republic Of Nigeria 1999 Applicable

BY.

SAMSON R. OSAGIE, ESQ.

I have read and listened to so many legal arguments concerning the current impasse that currently beset our own Edo State House of Assembly.

I was a member of the Edo State House of Assembly between 1999 and 2007. I ascended to the House of Representatives up until 2015, all after training as a lawyer at Ile-Ife and the Nigerian Law School, Lagos 24 years ago.

Some of the beneficiaries of the legal hiatus relating to the Edo State House of Assembly just now are close friends but the arguments are very compelling that I cannot resist contributing to the debate about the constitutionality or otherwise of the goings on in my dear State- Edo. I therefore wish to do so in very strong terms.

Many of the arguments, seek to underplay the centrality and applicability of the provisions of Sections 91 and 11(4) of the Constitution of the Federal Republic of Nigeria 1999(as amended) hereinafter called “the Constitution “) to the current situation with the Edo State House of Assembly.

While some have argued that Section 102 of the Constitution is the operating provision applicable to the prevailing situation in the Edo State , others have canvassed the view that the objective conditions of the Edo State House Of Assembly today does not warrant the exercise of the powers of the National Assembly as contained in Section 11(4) of the Constitution.

On the contrary I submit from the very beginning that the relevant provisions of the Constitution applicable to the situation in the Edo State House of Assembly are these two provisions, to wit: 91 and 11(4).

Let me deal with the first issue regarding Section 102 and for the avoidance of doubt I reproduce the section hereunder:

“102. 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 contention of those who posit that this provision provides legitimacy for the current composition of the House of Assembly in Edo State is that the house having in their own view been inaugurated , it has a quorum to carry out legislative business and that those members who have not been sworn in are merely absent, whose absence cannot invalidate the proceedings of the Assembly in view of the above quoted provision and that Section 91 of Constitution does not have any relevance at all.

With profound respect I disagree with this position wholeheartedly and I will give my reasons hereafter, but what does Section 91 of the constitution say?. I also reproduce same verbatim hereunder:

“91 A House of Assembly of a State shall consist of three or four times the number of seats which that State has in the House of Representatives divided in a way to reflect, as far as possible nearly equal population:

  • Provided that a House of Assembly of a State shall consist of not less than twenty-four and not more than forty members”

Having stated the provisions of the constitution, what are the facts on ground today as regards the composition of the Edo State house of Assembly vis-a-vis the requirement of the constitution.

On the 17th of June , 2019, Nine members were conscripted at night for swearing in at the chambers of the Edo State House of Assembly, the other 15 members were not part of the  swearing in. Subsequently, two other members who were originally not part of the nine joined them to be sworn in, while two of those who were originally sworn in have since dissociated themselves from what they regard as a contrived oath taking against their will and established procedures known for the convening of a new parliament. In other words, while 10 members have accepted the Swearing in regardless of the flaws which the others have complained of, 14 members have refused to accept same.

Now assuming but not conceding that the inauguration was regular, only 12 out of 24 members are currently members of the Edo State house of Assembly who have taken oath, albeit under questionable circumstances.

Now one may ask, under the Constitution what constitutes a House of Assembly ? In this connection it must be stated that a House of Assembly is not the physical structure or building, but it is defined by its composition of members elected by different constituencies to make Laws for the peace, order and good governance of a geographical entity called a State. See Section 4(7) of the Constitution.

A glance through the entire gamut of the Constitution will reveal that the only Section that defines a House of Assembly by its composition is Section 91 quoted above. Section 102 only tend to give validity to certain proceedings of the Assembly where some members are absent or strangers are present, and that is only after such an Assembly has been properly constituted in terms of its membership as defined in Section 91.

Consequently, I submit, that there has to exist a House of Assembly first before it can perform any Legislative function. And for there be a House of Assembly under the Constitution it must have a membership of not less than 24 members and not more than 40 members.

Now, if the current composition of the Edo State House of Assembly were to be acceptable (and I do not think it is legally acceptable) it means that it has 12 members less than the minimum number of members required by the constitution. Note that, Edo State is not a Local Government Council Area in Nigeria, where you can have 10, 12 or 13 wards with each being represented by a Councillor. It is a State defined and recognized by the Constitution.

Fortunately, the framers of the constitution envisaged this scenario hence section 91 is FIRST before section 102. In carrying out the business of the Legislature the Assembly has to be properly constituted first by the constitutionally allowed number of members before a forum can be determined. It is unlikely if not impossible to determine a quorum of a legislative assembly having less than the required membership in accordance with the constitution. This can only be the best interpretation of these provisions as it will smack of mischief to interpret it otherwise. In Ugwu v. Ararume (2007) 12 NWLR (Pt.1048) 365 the court held that it is duty of Court, particularly the Apex Court, to interpret the statute in accordance with the intention of the law makers. It cannot be the intention of the framers of our constitution to give validity to the kind situation prevailing in Edo State today.

Against the backdrop of the foregoing I submit that in Edo State today, there is no Legislature or House of Assembly properly so called that can legitimately exercise legislative powers for and on behalf of Edo people particularly the 24 constituencies that make up the State because if only 12 members have taken oath (even though two out of the 12 have resiled from the oath) 10 members cannot form a House of Assembly in any part of Nigeria under the 1999 Constitution.

If 10 or 12(as the case may be) members cannot constitute a House of Assembly, how can any one contend that such a group (not been a House of Assembly) can perform legislative functions under the guise that the others( who are technically not members) are absent from proceedings by relying on Section 102?. It is legally impossible! The mandatory provisions of Section 91 of the Constitution must first be complied with before Section 102 can ever apply.

You cannot put something on nothing and expect it to stand, it will fall (See Lord Denning in Benjamin Leonard Mcfoy v United Africa Company Ltd Appeal No.67, 1960 ). Constitutionally, the act of non compliance with the required number of members of a House of Assembly is void and all its acts and actions emanating therefrom are a nullity. In the above case , Alfred Thomas, Lord Denning while distinguishing between void and voidable acts stated that: “If an act is void, then it is in law a nullity. It is not only bad, but incurably bad. There is no need for an order of the court to set it aside. It is automatically null and void without more ado, though it is sometimes convenient to have the court declare it to be so. And every proceeding which is founded on it is also bad and incurably bad. You cannot put something on nothing and expect it to stay there. It will collapse”

It is for the same reason I find the arguments of those who argue that so long as a quorum of the house is formed, the inauguration and plenary sessions of the same house can be held as laughable. You cannot have a quorum of a house whose membership falls short of the constitutional requirements and I submit further that only a recourse to a proper composition of the House of Assembly of Edo State such that it can have it’s full membership sworn in can bestow legitimacy on the 7th session of the Edo State House Assembly.

 

This brings me to the second issue, which is whether the National Assembly can exercise its constitutional powers under Section 11(4) of the Constitution in the light of the current impasse in the Edo State House of Assembly What does it say?:

“11(4) At any time when any House of Assembly of a State is unable to perform its functions by reason of the situation prevailing in that State, the National Assembly may make such laws for the peace, order and good government of that State 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.”

From the above provision it is clear that the National Assembly has the powers to take over the legislative functions of a state house of Assembly under certain circumstances, which is ” …by reason of the situation prevailing in that state..”

Having regard to the facts of the non existence of a properly constituted House of Assembly (Legislative Arm) in Edo State as argued earlier, the prevailing situation in Edo State at the moment is that while the Executive and Judicial arms of the State Government are in a position to perform their functions, same cannot be said of the Legislative arm of the Edo State government. The obvious implication of that scenario for the entire governance structure of Edo State is that the Government of Edo State is incomplete.

That been so, it should and must NOW appear to the National Assembly NECESSARY or EXPEDIENT pursuant to Section 11(4) for it to assume the law making functions of the state House of Assembly (which is constitutionally non existent at the moment) for the purpose of making laws for peace, order and good governance of Edo State UNTIL such a time the Edo State House of Assembly is properly constituted in accordance with the law to resume Legislative functions.

It is incontrovertible that this provision does not afford the National Assembly the power of impeachment and so the Governor has nothing to worry about if it is difficult for him to ensure that the Legislative arm of his government is properly and constitutionally constituted. He is protected and may choose to prefer to seek legislative approvals for the several loans he wants to take, or approval for the State budget or other legislative imprimatur he may have to seek from time to time. Indeed , it will be cheaper for him because he will not be expected to pay salaries of National Assembly members. So let him relax and allow National Assembly to do its constitutional assignment. No sentiments, it is not an invitation to invade Edo State as he would want to make the world believe, rather it is the result of the situation currently prevailing in Edo State which himself in collusion with the Clerk of the House of Assembly created by shutting out majority of members elect from the nocturnal inauguration, the type the Supreme Court in Balonwu vs Attorney General of Anambra State said was not acceptable.

However, Section 11(4) does not envisage an unduly long time intervention by the National Assembly in the State, rather it is an interventionist provision to enable stakeholders put their house in order so as to have the duly elected representatives of the various state constituencies perform the functions of lawmaking for the state.

Against the backdrop of the foregoing analysis two questions comes to mind.

  1. Why will a Governor who is the Chief Executive and Chief Security officer of a State allow a situation in his state to degenerate to a level that will compel other stakeholders to want to intervene in the governance of his State? In my humble opinion, the answer is ego and incapacity on his part to strike a balance between governance, Legality and politics. This was alluded to by no less a person than the State Chairman of the All Progressive Congress, Mr. Anselm Ojezua on Politics Today, a Program on Channels Television on Sunday 21st July,2019.
  2. Between those who reject the way and manner the House of Assembly of Edo State was clandestinely and nocturnally inaugurated against parliamentary practice and norms and those who condoned the irregularity/illegality which is currently the prevailing situation in Edo State today, who should submit to the Law and Constitutionality? Again, I hold the view that illegality and unconstitutional behaviour cannot and should not be condoned no matter who is guilty of it, otherwise it will result in the Hobbessian state of nature when life is short ,nasty and brutish. I submit that it is in the interests of all the elected members of the Edo State House of Assembly to toe the path of constitutionality so that the State Legislature can enjoy legitimacy and wear the cloak of Constitutionality. Anything short of this, will engender injustice and a breach of the rule of law. It is also important for those who aspire to position of leadership in the house to strive to enjoy legitimacy too so that they can lead appropriately and in accordance with the rule of law rather than the barrel of the gun as it currently seem.

The consequences of the current impasse without recourse to the law are dire and portends grave danger to the social, political and economic health of the Edo State

It therefore behoves on all those who exercise suzerainty over the affairs of the State just now to reverse this trend by heeding the voice of reason and respecting the law without further delay.

~Samson R. Osagie Esq, is a Lawyer, Corporate Executive, Former Minority Whip of the House of Representatives and a Chieftain of the All Progressives Congress writes from Benin City.

Edo Political Conundrum (4) 2

Edo Political Conundrum (4)

By Prince Kassim Afegbua.

Yes, democracy is a demonstration of craze, betrayal, contradiction and sinfulness, yet you hardly get punished for it. Just ask yourself, in the gale of suspension and counter -suspension of officers of the All Progressives’ Congress in Edo state, including the purported suspension of the National Chairman, Adams Oshiomhole, just two days later, those who played the antagonists role were seen scrambling to get into the National Executive Committee (NEC) meeting presided over by the National Chairman, who was presumed suspended. Does that not tell you that there is some madness oozing out from the cocoon of Osadebey Avenue? What do we call this; illogical, contradiction, ostentatious foolishness or a piece of political idiocy? You declared the National Chairman suspended, passed a vote of no confidence, then 48 hours later, you started scrambling for space to gain entry to attend the NEC being chaired by the same person you presumably suspended. This is a graphic representation of the political maladies and obtuse reasonings that have become the permanent feature of Edo political narrative.

In the last one week, I have received calls from concerned Edo citizens who have expressed willingness to intervene in this political imbroglio between the APC main actors, but like I told them, Governor Godwin Obaseki is not willing to end the onslaught until there are enough casualties. Following the outcome of the APC Executive Committee meeting which recorded some mild dramas, it is obvious tempers are simmering on the part of the Edo oppressors, who have now devised the use of thugs to beat up anyone who does not sing the Obaseki anthem. Some of these bootlickers won’t stop at nothing to drum it loud into our ears that Godwin Obaseki has delivered on promise. They told me his nickname is “wake and see”, whatever that means. But from interrogation, I was made to understand that Governor Obaseki works at night when the people are asleep, and once they wake, they would be saluted with a new project to their consternation. That exactly is the problem of the Obaseki administration. Any project that takes 10 hours of the night to get completed, gives credence to its poor quality. It is obvious the Edo Government is delivering on quantity, little wonder the roads that were hitherto fixed, have been swept off by agents of denudation and erosion within three months.

In 2017, I had written a prognosis of what to expect from Governor Obaseki having listened to him explain the rubrics of his policy agenda. He told me that a 10-lane road will connect Gelegele seaport to Okpella industrial hub, as part of targeted measures to open up the Edo economy. He mentioned huge investment in the area of education, teachers’ capacity building, healthcare delivery and huge investment in rural roads and agricultural renewal. His policy framework and direction was quite irresistible. On paper, Edo was already wearing the architectural derring-do of London or another Dubai. Imagine the huge investment a 10-lane road network cutting across the state from the seaport to Okpella industrial zone, would bring to a state that depends largely on monthly allocation from Federal Government. Two years gone, Godwin Obaseki appears to be at sea trying to translate what is captured in his imagination to practical benefit for the people. Federal roads in Edo state under the APC-led Federal Government are the worst in the country. State government roads in some communities are also in terrible state. Okpella township roads, are reeking in outright neglect. Despite promises by the state government to continue the construction from where Adams Oshiomhole left them, it has been a matter of empty promises.

Someone had asked me barely a week ago if I was not convinced that Governor Obaseki has surpassed the expectations in terms of performance. I told the fellow that it all depended on what aspect of his intervention one is dissecting. I am aware he is trying to rehabilitate the old, abandoned secretariat buildings on Sapele road. I am aware he has almost completed a new building for the courts, as well as another building for offices just beside the government house. I also saw the empowerment village along Sapele road which formerly housed the State Government Press. I saw the Technical College nearing completion, and also Ekpoma township roads, which was started by the Oshiomhole administration, also nearing the asphalt stage. I saw the industrial court and the refurbished Ogbe Stadium, Benin City. Beyond all these, Governor Obaseki has not really touched the heart of the needs of Edo people in terms of improving their living standard. Education, security, human capacity development, healthcare delivery system, investment drive and a vibrant civil populace that easily buys into governmental initiatives. Investment in education is still crawling. The desire to promote an agro-allied business initiative to diversify the Edo economy remains a pipe dream. The Sobe Maize Farm which guzzled billions of naira is a poor investment initiative that was programmed to fail from the outset.

I visited the location on my way from Okpella through Ifon in Ondo state last week and what I saw there confounded my imagination. I also visited the abandoned Benin Industrial Park along Sapele-Warri interchange, given the zeal for the foundation laying ceremony by Vice President Osibanjo, one would have thought that by now, business would have commenced. Also, the Gelegele Seaport which almost became a legacy project of the Obaseki administration, has been abandoned for reasons best known to the government. College of Education, Ekiadolor, which was renamed Tayo Akpata University of Education has been jettisoned by this administration. Since the Pro-Chancellor, Rt. Hon. Thomas Okosun resigned his appointment, another Pro -Chancellor has not been appointed and the gradual phase of transforming the college to a University of Education has been stalled. The College of Agriculture Iguoriakhi that should be a training ground for skilled manpower to drive agro-allied business has been shut down. The Edo University, Iyamho has not enjoyed any investment in the last three years from the state government, ditto for Ambrose Alli University, Ekpoma. Only recently the state government promised to complete the dam in the school for ease of water supply.

Barely a week ago, the Honourable Minister of state for Budget and Planning, Mr. Clem Agba, visited the Oba of Benin and used the opportunity to draw the state government’s attention to the deplorable flooding situation in Benin City and its environs. The Honourable Minister had appealed to the state government to commence further works on the Benin City Storm Water Masterplan to mitigate the perrenial flooding and erosion across the City. The state government, rather than swallow the phlegm of such an advice, which would help address this very salient issue, decided to raise dust over nothing, cautioning the Honourable Minister that he would soon be invited to answer questions bordering on the project. The Edo government has suddenly become paranoid to issues that stare it in the face. It is hypersensitive to criticism no matter how constructive, and ready to unleash its army of mobile thugs on anyone who raises queries about its lacklustre performance. For the past three years, I am yet to see any legacy project that can outlive this government. This is not to say the government has not done anything, as that would be uncharitable, but the fear of the unknown pricks its conscience on a daily basis, such that attention is now shifted away from governance to the politics of 2020, 4+0 or 4+4 depending on who is singing the chorus.

Insecurity in Edo state has assumed an all-time high, no thanks to the near-zero investment in that sector. The number of check-points on Edo roads is better imagined than real. Call them exploitation points with POS in some cases used to extort money from hapless transporters, the inner sanctuary of the security architecture in the state has finally crumbled. The narration by the recently released Court of Appeal Judge, Mrs Ihime-Nwosu who was kidnapped in broad day light in the heart of Benin City is a lesson for us all in a state with porous security network. Her description of the manner of her kidnapp coupled with the fact that the kidnappers had a field day without confrontation by the Police, was enough testimonial for a failed security system that is poorly funded by the State and Federal governments. Often times, the operational vehicles which the Obaseki administration handed over to the Police are refurbished Hiluxes that serve mere cosmetic purposes. Before long, they park up helplessly at the point of operation where they had been deployed. These are regular sites when you travel on major roads in Edo state.

I thought when the government talks about EdoBest in the area of education, I was looking forward to seeing some sort of eldorado in the education sector. At best, Edo schools, both primary and secondary schools are still at the level that Comrade Adams Oshiomhole left them. Before tenure expiration of Oshiomhole, about 2,520 teachers were interviewed and screened by the Professor Agbonlahor-led committee which comprised seven other Professors of education from the University of Benin, ready to be absorbed into the state teaching service. This figure was to cater for the shortfall in terms of teachers population in the state’s secondary and primary schools. Three years after, most Edo schools are without sufficient teachers. The four Secondary Schools in my community suffer similar fate. None of the four schools can boast of 6 teachers. At best, what you find are four, three and two teachers in that order, and further augmented by communal effort to make up for the discrepancies. The schools in the other villages in the Local Government are also victims of this insufficient teachers. This is why I find it curious when I heard the claim that 157,000 jobs have been created in the last three years. How can government claim to have created 157,000 jobs without recruiting at least 4,000 additional teachers to make up for the shortfall, especially in an enlightened state like Edo.

But when you realise that Edo now export thugs to other states, you will understand why government has deliberately neglected the educational sector. Only last week Friday, 22nd November, 2019 did we witness another demonstration by exported thugs at the Abuja National Headquarters of the APC, where they were sweating profusely under the scorching sun, asking for Oshiomhole to take a bow. I did not know governance has collapsed in Edo state until I saw hitherto able-bodied young men, chorusing the intemperate verbiage of a nun dimitis for Adams Oshiomhole. Typical of a man who is both vertically and horizontally challenged, he glided away with effortless awe, as those thugs occupied the space on Blantyre street. Those who purportedly suspended him were under the mango tree making phone calls to reach out to their godfathers-in-training, some borrowed entry tag to put up a comic show, all in a bid to assure their followers that all was well. How does one feel sitting in a meeting presided over by a man you reportedly suspended. What figure of speech is that? ………

 

To be continued….

Pius-Odubu-696x437

Edo 2020: Why Odubu Can Be Trusted For Number One Position

…Osadebe avenue will be for all Edo’s

 

By Liberty Obaseki, FNIM

Perhaps, this sounds astounding. Well, truth, especially for those who fail to accept is, always hurts but it is a surefire and cannot be extinguished. Dr Pius Odubu is better and well positioned to be the next Governor of Edo State.

Let me take you back to 2015/16 when all was set to hand the then deputy Governor, Odubu, the All Progressive Congress (APC) gubernatorial ticket which was the right thing to do. All of a sudden, the present Governor was thrown into the mix and unexpectedly selected as the party’s flag bearer. Dr Pius Odubu, being a disciplined and principled party man, submitted to the wishes of the ruling party and was patient enough to wait for his time. Delay is not denial and when your time comes, no one can say/do otherwise. It is imperative that we look thoroughly into the current situation in Edo State where everything has fallen apart. The prevarications of this current administration is in full glare of the public and those who can see, always attest to the irrefutable fact that something must give way in the forthcoming elections.

 

The Governorship of Edo State is nobody’s birthright and when one misuses a glorious opportunity, someone else has to show him how it is done. As a capable deputy to Comrade Adams Oshiomhole, Rt. Hon Pius Odubu quickly learnt the ropes and exhibited rare, unparalleled loyalty, brilliant support and contributions to the success of the administration. Furthermore, he was committed to the sustainable development of the State and became an embodiment of true leadership.

The door is wide open now and unarguably the best choice for Governor of Edo State, at the moment is Rt. Hon (Dr) Pius Odubu. Denied in 2016, he’s back where he belongs. He has unrivalled, transcendent credentials and his leadership and management qualities cannot be overstated. An embellishment will be too elaborate.

I am sure a lot of people thought that after the NDDC Chairmanship position was taken away from him, he was going to bow out and shy away from the challenges that lay ahead. You cannot break an impenetrable warrior. You cannot defeat a serial winner. That was a pyrrhic victory. Real victors emerge from adversity and quickly turn a seemingly disadvantageous situation into something worthwhile in the end.

It was a propeller and reminded Dr Odubu of the fact that it is actually the Governorship election that is going to be the true test of character and he is more than prepared for the ride.

 

A man of political sagacity, Dr Odubu is the people’s choice as they are fed up of the Leadership deficit in Edo State and desire someone who will promote inclusiveness and treat people with the respect they truly deserve and have earned through the years. Someone who will handle urgent situations with efficient leadership and ensure effective participation at all levels. Someone who will provide real jobs for Edolites and foster unity among party faithful(s). Someone who will put the governed first, before anything/anyone else.

It is essential that we know where we stand at this time and endeavour not to repeat the mistake of four years ago. A hero is not known for the many tales of war he can tell but the many wars he has fought and won. Rt. Hon (Dr) Pius Odubu remains the antidote to the brigandage ravaging Edo State and he will promote the rule of Law and good governance.

 

Liberty Obaseki, FNIM, is a management and strategy expert, writes from Lagos

Edo 2016: War Of Succession – Josef Omorotionmwan 3 Years Ago

The recent controversies and reported violence in Edo state has made the media focus on the activities of politicians in the state in view of the forthcoming gubernatorial elections in the state later this year. Public affairs analyst, Josef Omorotionmwan, sheds more light on one of the key contenders. As the race for Osadebey Avenue gathers momentum, it becomes increasingly clear that the mass media must play the essential roles of educating, informing and entertaining the people. Among other things, the media has a responsibility to help the people make informed decisions and judgments. Last Wednesday, Dr Pius Egberanmwen Odubu, declared his intention to run for the office of governor of Edo state in the forth-coming governorship election on the platform of the All Progressives Congress (APC). Edo state deputy governor, Dr Pius Odubu It is necessary to highlight a few points about the man, Pius Egberanmwen Odubu, the incumbent deputy governor of Edo state, which bespeak him as a man who in all respects and by all known standards, has distinguished himself in several ways and is destined to make history. From very early in life, Odubu started preparing himself for a respectable leadership role in the affairs of his community and the larger society. This is one way of appreciating the fact that he has spent a good part of his life for self-development through education and management training.

Little Pius was born in 1958 in the little village of Urhomehe, Urhonigbe North Ward in Orhionmwon local government area of Edo state. He had his primary education in St. Pius Primary School, Urhomehe, before proceeding to Immaculate Conception College, Benin City, where he was a recipient of an academic scholarship award from the then Benin Area Joint Board. In his determination to build up the necessary intellectual robustness relevant to the machinery and process of service to humanity, Odubu soon transcended the narrow confines of a secondary education when, in 1977, he proceeded to the United States of America for further studies. While in the US, Odubu attended Philandersmith College, Little Rock, Arkansas; Southern University, Baton Rouge, Louisiana; Southern University School of Law; Georgetown University Law Centre, Washington, DC; and Harvard University, Kennedy School of Government, Massachusetts. He later attended Oxford University, Said Business School, Oxford England. Odubu has to his credit, a chain of quality degrees, including BA (Hons.) in Political Science; Doctor of Jurisprudence in Law; Master of Law with major concentration in International and Comparative Law; and BL (Barrister and Solicitor at Law). On his return to Nigeria in 1985, Odubu was enrolled in the Nigerian Law School, Lagos and was called to the Nigerian Bar in October 1986. After his call to bar, Odubu had a flourishing law practice in Benin City until 1999, when he was elected into the House of Representatives to represent Orhionmwon/ Uhunmwode Federal Constituency of Edo state. He was re-elected in 2003. While in the House of Representatives, Odubu was a ranking member of the committees on appropriations; Federal Capital Territory and labour. He was deputy chairman of the commerce committee. At various times, Odubu served in the following committees: works, marine transport, commerce, navy, anti-corruption and public accounts. What is Odubu bringing to the table? Good education, cognate experience, diligence, intelligence, transparency, integrity and accountability shall be some of the visible hallmarks of his administration. His policy thrust shall be based on five cardinal points: Job creation; wealth creation; infrastructural development; agricultural development and good governance. Odubu is a man of peace. He has remained loyal to his boss, Comrade Adams Oshiomhole, Odubu is a team-player who gets along with his colleagues. Because of his loyalty, Oshiomhole has asserted on various occasions that Odubu is the best deputy governor in Nigeria. By extrapolation, this has been interpreted in many quarters to mean that if given the opportunity, Odubu will be the best governor in Nigeria. On his part Odubu has the kindest words for his boss; “I deeply appreciate my boss and elder brother, Comrade Adams Oshiomhole, for giving me the opportunity to work with him in the last seven and a half years…. I have been in Oshiomhole school of governance and it has been most beneficial and rewarding”. READ ALSO: I did not betray Oshiomole – Deputy governor’s ally speaks Odubu cuts across party divides. It is instructive that on the day he declared his intention to run for the office of governor of Edo state, the PDP was the first to congratulate him, pouring encomiums of him and suggesting perhaps that he is the best man for the job. If what we hear from the grapevine becomes true, Edo state may as well be on the enviable path to becoming the first state in Nigeria to produce a consensus candidate for a gubernatorial election. In any case, the Bible is right that if a man’s ways are pleasing to God, He will make his enemies to be at peace with him. Odubu is one man who has a full grasp of the inner workings of the three branches and the three tiers of government; a lawyer; a legislator extra-ordinaire; an administrator; a political strategist, tactician; adept in political engineering; a symbol of political honour, confidence and hope; an exponent of human kindness; a most perfect manifestation of humility, impervious tenacity in the service of this great nation and hope for a sustainable democratic polity in Edo state and, indeed, in Nigeria. Odubu is happily married to Deaconess (Mrs.) Endurance Odubu and the union is blessed with four children. Josef Omorotionmwan is a writer and public affairs

Godwin-Obaseki-and-Samson-Osagie

Declaration Of Members Elect Seat Vacant In Edo; An Exercise In Futility – Samson Osagie

Former Minority Whip of the House of Representatives and chieftain of APC has described the purported declaration of the seats of 14 members elect vacant by Hon Frank Okiye as an exercise in futility.

He noted that with the plethora of lawsuits challenging the constitutionality of the State Assembly and its ten sitting members, it is laughable that those with such huge legitimacy burden will purport to exercise a constitutional power that they lack. Nothing can be more ludicrous.

Hon Samson Osagie however counseled the members who are purporting to run the affairs of the Edo State house of Assembly against the clear provisions of Section 91 of the Constitution which prescribes 24 members as the irreducible minimum number of members any house of Assembly in Nigeria can have , to be wary of the verdict of history. He noted that the current impasse between factions of the APC in Edo State will eventually end one way or the other, but history will judge harshly those whose ignoble roles exacerbated the conflict and impact negatively on institutions of the state.

In his words” my disappointment stems from the fact that those I have always thought were men of principles have sold themselves to the cheap lucre of power in Edo State. There is indeed no likelihood of hope for a clearly defined future with these men in power ”

It is my hope that Justice and truth will prevail soon and illegality will yield to what is lawful. In the end, I wish to encourage our members elect of the integrity group to remain steadfast on the path of justice, truth and the rule of law. There is always a tenure for injustice and oppression ” He noted.

Oshiomhole-addressing-the-press

Call For Oshiomhole’s Ouster Misplaced – Osagie

Former Minority Whip of the House of Representatives and immediate past Executive Director of the Nigerian Communications Satellite Ltd Barrister Samson Osagie has described calls by some individuals particularly the former TUC President Peter Esele as grossly misplaced and borne out of malice.

Osagie who was fielding questions from newsmen upon his arrival from the United Arab Emirates said that some Edo politicians who have been begrudging Comrade Adams Oshiomhole, National Chairman of the APC has now found opportunity to join the cacophony of noisemakers calling for the removal of the National Chairman.

According to him ” painful as the loss of Bayelsa via judicial pronouncements may seem, it does not call for the head of the National Chairman of the party. In any case , he ( National Chairman) has expressed his utter disapproval of the judgement and his immediate reactions proves that he is gravely concerned about what has happened. In any event he, as a true leader has indicated the readiness of the party to seek ways of redressing what has happened. I read on my way here how some Comrades turn politicians castigated the National Chairman and accused his leadership of several misdemeanors. To me, it seema like a premeditated attack on the National Chairman because they have the opportunity and are close enough to offer advice when necessary ”

Hon Samson Osagie, described the Oshiomhole led APC as a vibrant party noting that the challenges of leading a Ruling party is enormous more so when politicians usually always focused on the next election.

He said” Comrade Adams Oshiomhole has done well as National Chairman and given the fact that party members particularly in Edo are taking positions on the next Governorship elections it is not unnatural that some of those who felt aggrieved against Adams Oshiomhole in the build up to 2016 election will naturally begin to gravitate towards those they considered will advance their political interests particularly as the incumbent Governor is wooing a particular district where this critic comes from with the Governorship of Edo in 2023 if he survives the self inflicted crisis he is currently facing.

Hon Osagie call on all party men and women to join hands with the National leadership of the party to grow it into an institution where discipline and internal democracy will be enthroned. He urged everyone to take advantage of the Chief Bisi Akande’s led National Reconciliation Committee to mend all broken fences in order to make the party stronger.

FB_IMG_1504162373712-1

Again, Enemies At Work!!!

It’s a matter of grave concern that days after the elections in Edo State particularly Edo South Senatorial District some persons have thrown caution over board to accuse some notable persons of sabotage.

Of particularly interest is the accusation thrown at the very respectable and erudite Rt. Hon Samson Osagie, former Minority Whip of the House of Representatives and Senatorial candidate of the APC in the 2015 Elections. He currently serves conscientiously as an Executive Director at the Nigerian Communications Satellite Ltd.

A certain Sylvester Ibhane has accused Rt. Hon Samson Osagie among others of fighting with the Vice Chairman of Uhunmwode Local Government against the APC on election day at his unit and ward. Nothing can be more ludicrous.

It is beyond doubt that Hon Samson Osagie remains a force to be reckoned with in his local government and given his unquestionable integrity he is the LAST person that could have done that.

We should recall that He was a Senatorial candidate of the APC in 2015 which he lost to the opposition. This same conspiracy and sabotage theories were thrown up but he didn’t believe because of the avanlanche of factors that affected that election. Perhaps it was true given its possibility from Sylvester Ibhane mischievous write up and one may wish to ask the following questions for him and his likes to provide answers to:

a). Who sabotaged Rt.Hon Samson Osagie Senatorial election in 2015?

b). Was it the votes from Uhunmwode Local Government Area where Rt.Hon Samson Osagie hailed from and voted that led to the loss of the Senatorial Election?

c). Was it Rt Hon Samson Osagie that limited every party official or leader’s participation in the elections to their polling units only? Hon Samson Osagie was at his unit on election day.

d).Was Rt.Hon Samson Osagie involved in the election planning and execution in the state or at any level to be sufficiently seised of the strategies deployed for the elections?

Haba! Why can’t some persons just leave this gentleman alone. In the last 3 years Rt.Hon Samson Osagie has remained taciturn and focussed on his new assignment for the Federal Government, yet some sycophants and urchins would not just allow him be.

For all intents and purposes let it be known that Rt. Hon Samson Osagie did his best for the APC and it’s candidates including the Edo South Senatorial District elections which had his friend Hon Patrick Obahiagbon as candidate.

If Sylvester Ibhane and his cohorts are not on some mischievous mission, let him give the names of all those who sabotage the Senatorial Election in all the wards in Oredo, Egor and Ikpoba/Okha Local Government Areas. Then we can trust his sincerity.

Let the blackmail abate! Only enemies of progress does what Sylvester Ibhane and his likes are currently doing!

Desmond Imafidon Oni.