Justice Taiwo Taiwo of the Abuja Division of the Federal High Court has issued an order restraining the senate and the House of Representatives from taking over the legislative duties of the Edo State House of Assembly.
Taiwo who gave the ruling on Wednesday also ordered parties in the Edo State House of Assembly to maintain the status quo pending the hearing and determination of the substantive suit challenging the powers of the national assembly to take over the state’s legislative responsibilities.
Specifically, the judge ordered parties to maintain status quo ante bellum and declined to entertain an interlocutory applications brought before the court seeking to halt the national assembly from taking over the state’s legislative function.
The suit was instituted by Speaker of the Edo State House of Assembly, Mr. Frank Okiye, and a faction of the state legislature.
Okiye had in the joint suit he filed with the Edo Assembly marked FHC/ABJ/CS/815/2019, among other things, queried the legal competence of a directive the federal legislature handed to the state governor, Mr. Godwin Obaseki, to issue a fresh proclamation to inaugurate the legislature.
Justice Taiwo in a short ruling ordered accelerated hearing of the main suit and fixed August 22 for commencement of hearing.
It would be recalled that the national assembly had threatened to take over legislative duties and powers of the house of assembly should the governor fail to make the fresh proclamation within three weeks.
Okiye approached the court with originating summons.
Cited as 1st and 2nd defendants in the matter are the clerk of the national assembly, Mr. Mohammed Sani-Omolori and the national assembly.
