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There is nothing legally wrong in Governor Godwin Obaseki's non issuance of a proclamation for the inauguration of the Edo House of Assembly.
For starters, the current session of the Edo State House of Assembly has not been constitutionally dissolved. Until the House of Assembly is dissolved, there can be no talk of inauguration of another session.
There is no constitutional provision for a vacuum in the legislative arm of government. Hence, at any time, there must be a functioning House of Assembly. Consequently, in Edo State, the current, undissolved House of Assembly remains extant, potent and legal.
Yes, I know that certain naysayers will be up in words, claiming that the 1999 Constitution prescribes a four year tenure. However, every constitutional law expert will readily agree that aside from the above mentioned provision, the constitution also wisely makes other provisions relating to number of sitting days, circumstances which will end the tenure of members, etc.
Then there is the constitutional doctrine of necessity which always comes into play in circumstances such as this where a situation arises which is not clearly provided for.
Recall, if you will, that at the last session of the House of Assembly, presided over by the former Speaker, Rt. Hon. Kabiru Adjoto wisely adjourned sitting sine die. That means, indefinitely, or in other words, until the current session of the House reconvenes, which remains a distinct constitutional possibility.
The implication of the strategic adjournment sine die is that the Edo State House of Assembly can be reconveneed at anytime by the House leadership under the Deputy Speaker, Hon. Dr. Justin Okonoboh, who remains the highest ranking office holder in the House.
Speaker Adjoto ceased to be a member of the Edo State House of Assembly when he took the oath of office at the National Assembly. Hence, he cannot preside over the House of Assembly anymore.
Presently, the mantle of leadership to rejuvenate the current session of the Edo State House of Assembly is on the good Doctor, Justin Okonoboh. He should immediately reconvene the current members of the Edo House of Assembly for continued legislative business.
Meanwhile, the newly elected members should wait until the Governor duly dissolves this present House and issues a proclamation for the inauguration of the next session of the Edo State House of Assembly.
I rest my case.
(Osunde Osaigbovo Massy from Galaxy Tv, Edo State Correspondent, for more informations/Articles pls call or text me- +2348052208529
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