The House of Representatives has vowed to appeal the Abuja Federal Court judgment restraining it from taking over the Edo State House of Assembly sequel to the failure of Governor Godwin Obaseki to issue fresh proclamation note as earlier resolved by the House.
The House had urged Governor Obaseki to issue fresh proclamation note for the inauguration of the 15 Members of the Edo State House of Assembly who were not sworn-in with their other nine colleagues, failure of which it would take over the Assembly in line with Section 11(4) of the country’s Constitution.
But the Federal High Court, Abuja on Wednesday issued a ruling restraining the National Assembly and its agents from taking over the Edo State Assembly until the determination of a pending suit before it.
Benjamin Kalu, Chairman, House Committee on Media while reacting to the judgement said the National Assembly will surely appeal the ruling, but for now i must respect it.
Kalu in a statement maintained that, no arm of the government is supposed to abdicate power to another arm and it is contrary to the doctrine of separation of powers that one arm of government should prevent another arm from carrying out its constitutional duty.
He noted that, “this 9th House believes in the democratic principle of separation of powers; which is why this court ruling poses a problem. It is a core constitutional duty of the National Assembly that the court has attempted to prevent. This is like the National Assembly telling the President not to present the National Budget or like the Executive stopping the Courts from giving a ruling or judgement”.
Kalu explained that, “the Constitution in Section 11(4) is clear on this. Where the House of Assembly of any State is unable to perform its functions by reason of the situation prevailing in that State, the National Assembly may intervene and take over the legislative functions of that House until such a time as the House of Assembly is able to resume its functions.
“It is no coincidence that this particular duty of the National Assembly to take over a State House that is unable to function falls under the section of the Constitution that deals with *Public Order and Public Security.
“This is a matter of restoring public order and security in Edo State and the National Assembly has to perform its constitutional duty. It should not be a question for debate._
“Now maybe the courts can (if they find reason after the take over) say that the take over was wrong based on their own interpretation of section 11 but not to preempt a constitutional role which is Sancrosanct._
“Surely the doctrine of ripeness is applicable here. In some democratic climes Judicial restraint, which is procedural approach to the exercise of judicial review, urges judges to refrain from deciding legal issues, and especially constitutional ones, except where the decision is necessary in resolving a concrete dispute between adverse parties.
“As a substantive approach , it urges judges considering constitutional questions to grant substantial deference to the views of the elected arms of Government and invalidate their actions only when constitutional limits have clearly been violated”.
James Kwen, Abuja
