A Critical Appraisal of the Powers of Edo State House of Assembly on Proclamation and Inauguration in July 2019

Abstract

This work discusses generally, the constitutional issues surrounding the executive Proclamation and Inauguration of 9 out of the 24Members-elects of the Edo State House of Assembly on 17th July, 2019. The National Assembly, in quick response to this, albeit
unconstitutionally, gave the Edo State Governor, His Excellency, Godwin Obaseki, a 7day ultimatum, to issue a fresh Proclamation in order for the Clerk of the House to inaugurate afresh, all the House Members-elects including the 12 other staying-away House Memberselects. It is noteworthy that 3 other House Members-elects had presented themselves and were inaugurated subsequent to the initial Members earlier inaugurated. The Governor rebuffed the National Assembly's directive with its ultimatum to issue a fresh proclamation and rather insisted on the validity of the earlier Proclamation and that the staying away Members-elects should rather present themselves for Inauguration and swearing in but they refused. This stalemate persisted with its consequences, one of which is loss of their Seats in the House due to unjustifiable absenteeism. This work, using the doctrinal
methodology, examines the constitutional issues surrounding the Proclamation, Inauguration, absenteeism and declaration of loss of legislative Seats among others. The work concludes that the Inauguration of 17th July, 2019 conducted by the Clerk of the Edo State House of Assembly was valid and same cannot be impeached. Also, that the directive to the Edo State Governor to re-issue a Proclamation for a fresh Inauguration was totally ultra vires the National Assembly, null and void, been legislative meddlesomeness and rascality. Based on this, the conclusion is drawn and some recommendations are offered for improvement in the practice of this area of law.