Activist Drags Edo State Governor To Court For Failing To Proclaim The Holding Of The 1st Session Of The State House Of Assembly

A Civil Society Activist who is also the Converner of Talakawa’s Parliament, Marxist Kola Edokpayi, has sued the Governor of Edo State for his failure to proclaim the holding of the 1^st session of the Edo State House of Assembly.

The Petitioner/Applicant, Marxist Kola Edokpayi, in the case with Suit No: 13/70M/2019, instituted by way of an Originating Motion, dated 13^th day of June, 2019, filed the same day before the High Court of Edo State, and made available to TheNigerialawyer (TNL), challenged the failure, refusal and/or neglect of the Edo State Governor to proclaim the holding of the 1^st session of the Edo State House of Assembly to enable the Clerk of the House to swear in the members-elect.

Marxist Kola Edokpayi, who was a candidate for Elections into the Edo State House of Assembly conducted on the 9^th day of March, 2019, deposed to a 18 paragraph affidavit in support of the motion, to  the effect that the 6^th session of the House of Assembly was inaugurated on the 7^th day of June, 2019, and that the inauguration of the 7^th session of the 2^nd defendant became due on the 8^th day of June, 2019, adding that, the Governor is to proclaim the inauguration of the 7^th session after the swearing in of the Governors on the 29^th of May, 2019, as provided by law. The petitioner, being aggrieved by the Governor’s failure to do the needful, sought for the following reliefs to wit:

A DECLARATION that the failure, refusal and/or neglect of the 1^st Defendant to proclaim the holding of the 1^st session of the 2^nd Defendant to enable the 3^rd Defendant swear in the members-elect of the 2^nd Defendant is wrongful and unconstitutional.

AN ORDER of mandamus directing the 1^st Defendant to proclaim the holding of the first session of the 2^nd Defendant as stipulated in Section 105 (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), not later than Monday, the 17^th of June, 2019, at 9:00 am at Edo State House of Assembly Complex, Chief Anthony Enahoro Complex, King’s Square, Benin City.

AN ORDER of this honourable court that if the 1^st Defendant did not proclaim the first Session of the 2^nd Defendant by 9:00 am, Monday, the 17^th day of June, 2019, the 2^nd Defendant’s first session is deemed proclaimed by the Constitutional necessity and order of this honorable court consequently, directing the 3^rd defendant to swear in the members-elect of the 2^nd Defendant based on the said constitutional necessity on Monday, the 17^th of June, 2019, at 9:00 am, as the 2^nd defendant’s first session deemed proclaimed by constitutional necessity.

The Grounds relied upon for the application are that the 6^th session of the Edo State House of Assembly by effluxion of Tenure stands dissolved and the 7^th Session of the Edo State House of Assembly, is ripe for the 1^st Defendant to proclaim the first session as provided for by Section 105 (3) of the Constitution of the Federal Republic of Nigeria; that the 1^st Defendant is obligated to proclaim the first session of the 2^nd Defendant by law anytime from May 29^th, 2019, but as before the effluxion of the Tenure of the preceding House; that the failure, refusal and neglect of the 1^st Defendant to proclaim the first session of the 2^nd Defendant has caused incalculable damage to governance in Edo State and left in vacuum in Legislative Governance and is generating tension that could lead to a breakdown of law and order.