Crusaderhotnews
First I congratulate Hon Frank Okiye on his election as Speaker of the Edo State House of Assembly. This piece is not about his qualities and his qualifications for the high office of Speaker or setting a template for him. That will be for another day. Rather My concern today is to add to the debate of the definition of a quorum of a legislative arm of government.
A member-elect is not the same as an honorable member of any legislative arm of government. The former has not been sworn in while the latter has been sworn in and legally equipped to carry out legislative duties.
A new legislative house is equally not a legislative house. It can only be called a legislative house upon inauguration. It is inaugurated upon the proclamation of the head of the executive arm of government at the appropriate level. The Clerk of the house at the appropriate level upon receiving the proclamation letter sends invitation to members elect to make themselves available for inauguration.
The Nigerian constitution was silent on how many members are required for inauguration. Most people mistake a quorum for a functional house to be applicable to a legally non existing house. It is not compulsory that every member elect must be present for inauguration. The inauguration of the house cannot be put off for example, if majority of the members elect perpetually refuse to make themselves available for inauguration for whatever reasons. If the contrary happens, the business of legislation will be held hostage. God forbids.
The sole business of the house on the day of inauguration is strictly for the election of principal officers that will pilot the affairs of the house and the swearing in of members-elect as legal members of the legislature. It is after the swearing in and the constitution of the house that you can now talk of a quorum. As it stands now, the quorum of the Edo State House of Assembly will be based on nine (9) that have been sworn in and not 24. What this means is that the quorum required for legislative duties as at today is three (3) and not eight (8). Those who were not present for inauguration and swearing in are not yet members of the Edo State House of Assembly. They are still members elect. If they doubt me, I challenge them to go to court for interpretation.
My take in all of these is that the Pro Obaseki legislators made use of their brains and lunched an operation Puff Adder on what was clearly a disadvantaged situation for them. To me, I score those legislators high because law makers who make laws are supposed to make use of their brains and not their fists. They have boldly confronted and defeated an emerging godfather.
As it stands now, I can bet that the others will be shut out of the Assembly Complex for a very long time. The tide has turned and mark my words they will be sworn in one after the other after they may have begged to be sworn in. This fight is going to be long and we are just in round one of twelve rounds of what promises to be a very long fight.
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