By Gabriel AmaluThe political gladiators in Edo State are getting desperate as the September 19, off-cycle gubernatorial election draws nearer. The desperation has shifted to the control of the state House of Assembly, and some partisans are behaving like desperados. The state governor, Godwin Obaseki, who is now the candidate of the Peoples Democratic Party (PDP) in the election, but who was elected on the platform of the All Progressive Congress (APC), ignited the first public fire, in the state that calls itself the heartbeat of the nation.In a 24-member state House of Assembly, Governor Obaseki, found favour with only 10 members, and surreptitiously inaugurated them after the 2019 general elections. Through political grit and deft manoeuvre in the courts, he positioned the minority members as the state House of Assembly since June last year. By his reckoning, the other 14 members have lost their membership of the house for not meeting the sitting requirement provided in section 109(1)(f) of the 1999 constitution (as amended).Of course, it is convenient for Governor Obasaki, to feign ignorance of the fact that he made it impossible for the 14 members he politically rejected to sit to perform their legislative duties. Tragically, that farce was condoned all the while by the APC controlled federal government, because it was expedient. Now that Obaseki has moved to the PDP, the APC has resolved to wield the big stick by using the police to restore constitutional democracy in the Edo State House of Assembly.Presently, the 14 members who had been unconstitutionally excluded by the governors group, joined by three members from the governors group, have reportedly taken over the house, and the federal Attorney General and Minister for Justice, Abubakar Malami SAN, has directed the Inspector General of Police (IGP) to provide security for the members, to exercise their constitutional responsibilities. The governors group are justifiably afraid that the new leadership may bring them to their comeuppance.To frustrate the 14 plus three members from sitting to hatch any plans, the governors group again resorted to unconstitutional conducts. The executive arm of the government sent carpenters to remove the roof of the building housing the state legislative assembly, in a manner reminiscent of an old Lagos landlord, determined to evict a recalcitrant tenant, albeit illegally. Also a truckload of sand, gravel and granite, purportedly for the renovation of the state assembly complex, were dumped in front of the entrance doors.Thinking that he still has the ear of President Muhammadu Buhari and the favour of the federal government to overlook his infraction of the constitution, Governor Obaseki has called on President Buhari, to intervene in the interest of rule of law. What a mockery of the concept of the rule of law. On his part, the governorship candidate of the APC, Pastor Osagie Ize-Iyamu, has congratulated the new speaker, elected by the 17 members, who told reporters they have removed the former speaker, Hon. Francis Okiye.No doubt, the former Governor of Edo State, and the erstwhile godfather of Governor Obaseki, Comrade Adams Oshiomhole, who is leading the opposition in Edo State, appears to have cornered Obaseki, in the political cheese game. They are deftly taking the breath away from the governor, and pushing him to take desperate measures. By reviving the turf war between the 14 legislators and the governor, they have reverted the minds of the public to the original casus belli of the Edo State debacle.So, Obaseki deserves the harsh words of the leader of APC, Asiwaju Bola Ahmed Tinubu, concerning his intransigence and desecration of the 1999 constitution (as amended). By purportedly inaugurating 10 out of the 24 elected members of the state House of Assembly, the governor violated the clear proviso to section 91 of the constitution, which says that: a House of Assembly of a state shall consist of not less than twenty-four and not more than forty members.The forceful reduction of the number of members of the state House of Assembly to 10 by the governors henchmen, since after the 2019 general election is an aberration; a violence to the constitutional order. Again, in my opinion, the constitution did not envision that attendance of a member at the first session of the house after the proclamation by the governor, provided for in section 105(3) shall determine the eligibility of a duly elected member as provided in section 94 of the constitution, to function as a legislature.The only constitutional imperative is for such an elected member to declare his assets and liabilities in the manner prescribed by the constitution, and subsequently after the speaker and the deputy are elected, to take and subscribe before the speaker of the house, the Oath of Allegiance and Oath of membership prescribed in the seventh schedule to the constitution. For Obaseki and his backers, they were hoping to frustrate the 14 members not in his good books, by ensuring they do not meet the constitutional requirement provided by section 109(1) (f) and (3) of the constitution.The sections provide that a member of the house must not miss one-third of the total number of days during which the House meets in a year. But the said sub-section (f) prefaces the section, with the words: without just cause he (a member) is absent from the meetings of the house. No doubt, there are ample evidence that the 14 members where prevented by forces beyond their control, from meeting the constitutional requirement. One recalls that even the National Assembly tried to take over the legislative affairs of the house, but was resisted by forces loyal to the governor.Those who orchestrated the incongruity of running a 24-member house with 10 members, by chasing away 14 duly elected legislators, and are now seeking to declare the 14 absconders, do injustice to the doctrine of separation of power. Such a political manoeuvre is unjust, unequitable and unlawful, by any stretch of imagination. To uphold it, is to do grave violence to the express provision of section 1(1) of the constitution, which provides: This constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria. Indeed, to defang any of the three arms of government, provided for, in the 1999 constitution, is treasonable.What baffles this column is how a sitting governor could be so out manoeuvred during the election of state legislators, and misadvised in the management of the elected members. Obasekis failure, deserves enquiry by political scientists. With the speaker beholden to Obaseki removed, if care is not taken, he can be impeached.
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