Former Information Minister and leader of the Niger-Delta, Chief Edwin Clark, disagreed with the Senate position on the Edo State Assembly crisis.
According to him, the order for Governor Godwin Obaseki to issue a new proclamation was unconstitutional and erroneous. He, therefore, warned the National Assembly against the creation of anarchy in the state.
Clark, in his letter to Senate President Ahmed Lawan, who was sighted by journalists in Abuja on Thursday, said Section 101 of the Constitution allows each Legislature to adopt its own house rules.
Therefore, he said that the situation in Edo had not reached one in which the National Assembly invokes the constitution.
The Pan Niger-Delta Forum leader, PANDEF, also disagreed with the Senate, saying that Section 105 (3) rests the exclusive prerogative of that function directly over the governor. Consequently, he said the Senate was wrong to have ordered the governor to issue a new proclamation after the first.
He said: “I highlighted the problem of the House’s inability to function as a sine qua none condition, defeating any claim of the House of Representatives to interfere.
Instead of diminishing, it seems that the House of Representatives went on to recruit the Senate, o The Red Chamber saw a competitive angle in the matter and launched itself, head-on, with eyes closed, to complement the House of Representatives in the perverse attack on The Edo State’s governance structure.
The Senate seems not to know, or It has a mentality that hides it from the many provisions of the constitution that replaces the fact that the two components of the National Assembly work together on the Edo State project.
“For the avoidance of doubt, I ask the National Assembly to take into account Section 11 (4), which states that” At any time when the House of Assembly of a state cannot perform its functions due to the situation prevailing in that state, the National Assembly may make such laws for peace, order and good governance with respect to matters on which a House of Assembly may make laws that the National Assembly deems necessary or convenient until the House of Assembly can resume its functions; and such regulations promulgated by the National Assembly in accordance with this section shall take effect as if they were laws enacted by the State Assembly Chamber: provided that nothing in this section is construed as conferring on the power of the National Assembly to eliminate the Governor or the Deputy Governor of the State from office … “
“It is unconstitutional and wrong that the National Assembly” orders, directs “the governor of the state of Edo to issue a new proclamation. Section 3 places that act directly on the Exclusive List.
“The Chamber of the Edo State Assembly is currently functioning correctly and, in fact, has gone to court to challenge the action of the 16 elected members who were not present at the inauguration and who, in fact, were not yet members of the State of Edo House of Assembly, because they were not sworn in by the President of the elected Chamber. “