Edo House of War: Will the police, G9 bow to court?

What has happened  in Edo State in the past one month could be likened to the  popular saying that when two elephants fight, is the grass suffers. The political gladiators in the state have been at war  even though, unlike other states where the governorship election is  expected to hold in 2015, Edo guber race will come up in 2016.

•The lawmakers… friends turned foes.

But  the Peoples Democratic Party (PDP) in the state, which  strenghtened  with the entrance of some former All Progressives Congress (APC) leaders such as Pastor Osagie Ize-Iyamu, intends to create an environment that could assist  in ousting Governor Adams Oshiomhole’s  APC in 2016. APC’s problem started with  internal crisis after those who lost out during the party’s registration and the subsequent congresses of the party engaged  Oshiomhole in war of words, accusing the governor of manipulating the exercise with a view to rendering  their various ambitions impotent.

The crisis led to the defection of some of the leaders to the PDP, after they met with President Goodluck Jonathan in Abuja. Four APC lawmakers, Jude Ise-Idehen, Friday Ogierakhi, Rasaq Momoh and Patrick Osayinmen, were among those who defected to the PDP with Ize-Iyamu. With this number, the PDP lawmakers became eight  in the 24 member-House of Assembly.

The situation gave the PDP in Edo, led by Chief Dan Orbih,  the hope that  it  can dismantle the Oshiomhiole political machinery after all. And with  Ize-Iyamu who has been in APC and back to PDP where he was during the tenure of Governor Lucky Igbinedion as Secretary to the State Government (SSG), on the side of the PDP, it is expected that they will want to test the political dexterity of  Oshiomhole who is equally equipped with powerful politicians such as his deputy, Dr Pius Odubu, his Special Adviser on Political Matters, Charles Idahosa, Osarodion Ogie and many others.

Incidentally, Ogie, who is currently the Commissioner for Works in the state, was secretary of Grace Group, formed by Ize-Iyamu, under which platform he used to fix Chief Tony Anenih’s PDP during the tenure of  Igbinedion. Ironically, Ogie, a very calm politician, that operates under ground, similar to Ize-Iyamu’s political style, may have been the one used by Oshiomhole to fix  Ize Iyamu out of APC. However, the battle line for the soul of the state was drawn after the four lawmakers and their leaders dumped the APC for the PDP.

Shortly after their defection, rumours of N50million bribe to the lawmakers with a view to impeaching  the governor spread like wild fire. But the lawmakers debunked the allegation and volunteered to take an oath at the palace of the Benin monarch, just  as they challenged Oshiomhole to “swear with his children” that they received N50million.

But the battle ground shifted to the House of Assembly and, of course, Oshiomhole has his 15 APC die hard loyalists led by the Speaker, Uyi Igbe, the Majority Leader, Philip Shaibu and the Chairman House Committee on Information, Kabiru Adjoto, to check the daring PDP legislators.

Fearing that their seats may be declared vacant by the APC dominated House following their defection to the PDP, three of the lawmakers: Ise-Idehen,  Osayinmen and Ogierhaki, approached the Federal High Court in Benin on  May 9, in suit No FHC/B/CS/48/14, wherein they sought and obtained an  ex-parte  order of interim injunction restraining the Speaker and the  legislative arm of government from declaring their seats vacant and/or suspending them pending the hearing and determination of the motion on notice.

The said motion on notice was subsequently argued and, on  June 6,  Justice A. M. Liman of the Federal High Court, whilst granting an injunction restraining the Speaker and the House from declaring the seats of the applicants vacant, however refused the prayer for an injunction restraining the applicants from being suspended  by the House.

On  June 9,  the House  suspended the four defected  members for an indefinite period for misconduct. But the suspended members, led by the then Deputy Speaker, Ebea, described the suspension as illegal, saying  it was a with hunt  because they joined the PDP and vowed not to obey the suspension.

Heavy security was mounted at Ring Road area where the Assembly complex is located and  environs making road users and businesses in the heart of Benin City to suffer.  Edo State Commissioner of Police, Foluso Adebanjo, temporarily relocated to the Assembly complex. Unfortunately for the PDP lawmakers, some  youths and women  solidly behind the governor  kept vigil around the Assembly  waiting for an opportunity to pounce on the suspended lawmakers.

Luckily for the PDP lawmakers, they have the mobile policemen brought from Abuja and neighbouring states to protect them. They always drove  into the complex in a  bus with heavily armed mobile policemen. And following their refusal to comply with the suspension order, the leadership of the House went to the High Court where they got an injunction restraining the four, the Edo Police Command and the AIG Zone 5, from entering the Assembly complex. But the lawmakers described the injunction as fake and even threatened to beat up the court bailiff who served them the order at the gate of Assembly.

Following the destruction of some parts of the  Assembly complex, the House decided to move to the old Assembly complex at the Government House, Benin-City to conduct proceedings. On Monday, July 7,  the suspended Deputy Speaker, Ebea, was impeached by 16 members of the House. But his defection  to the PDP in the heat of the crisis took the number of the  PDP lawmakers in the House to  nine. The lawmaker representing Esan Central constituency, Victor Edoror, emerged as new Deputy Speaker.

But while the Assembly complex renovation was still on, the PDP  lawmakers, aided by the police, on July 7, allegedly  broke into the place where they sat.  When the APC lawmakers came, the police refused them entry. The PDP lawmakers threatened journalists mainly from the print media not to come in or, according to one of them, “we will ask the police to throw you across the fence”.

As if that was not enough, the police chased away workers of the Assembly and those working on the renovation work. The officer leading them even threatened to shoot Speaker Igbe if he tried to challenge their mission. But the  angry APC lawmakers stormed out and challenged the police officer to shoot all of them. As the argument between the APC lawmakers and the policemen raged on, the impeached Deputy Speaker of the House, Ebea, described the complex, renovation as illegal, saying it was an attempt by the APC to stop them from sitting.

EDO ASSEMBLY CRISIS—Police at the Edo State House of Assembly as the crisis in the House continued. Photo: Barnabas Uzosike.

“Besides the renovation was not in the budget. And I am the chairman of the House Committee on Tenders Board and no body contacted me about the renovation”, he said. The PDP lawmakers insisted that the House should return to the status quo ante or there will be no peace. However, while the 15 APC lawmakers now sit at the old Assembly complex, the nine PDP legislators sit at the Ring Road complex which is currently without roof due to the on-going renovation work.

Reacting to the situation in a press conference, last Wednesday, Speaker Igbe said, “It is instructive that in their arrogance and boastful manner these renegade PDP legislators, actively supported (rather unfortunately) by the police, have been cheered on by PDP leaders and godfathers who have openly boasted of their federal might and presidential connections.

As legitimate representatives of the people of Edo State, as responsible law makers, and as peace loving citizens; we have no wish to see our state turned into a battle field where the PDP and their agents seek to gain by force, intimidation and threats the political victory they couldn’t secure in open, free and fair electoral contests conducted serially over the past seven years across Edo State. We wholeheartedly condemn the continuing display of naked aggression and power show by those who believe that they control the organs of state power.

We urge the Inspector General of Police to call his officers and men to order and ask all concerned to note that the only legitimate authority for the resolution of all disputes is the Judiciary whose orders and directives must be scrupulously enforced by “all persons and authorities” in Nigeria”.,

Also reacting to the situation at Assembly when he received over 2000 youths across Edo   who paid him a  solidary visit,  Oshiomhole, who declared as uncharitable the refusal by the suspended lawmakers to obey the court order, warned that market women and youths of the state may assist the police in enforcing the court order if the situation does not change.

Appeal Court blow
However, after failing to obey the injunction slammed on them by the Benin High Court, the four suspended lawmakers ran to the Appeal Court in Benin seeking an order for a stay of execution on the injunction restraining them from entering the Assembly premises. The Appeal Court ruling came, last Thursday, and it turned out  a major blow for the Edo PDP and its embattled lawmakers.

The court dismissed  the application for stay of execution.  Hon Justice Morounkeji Ogunwunmiju, who read the ruling on behalf of two other judges, ruled that “the said suspended members could not seek any relief from the Court of  Appeal while they were in contempt or disobedience of the Order of the High Court.”

Ogunwunmiju  said  a party  in contempt of a positive order of court cannot be allowed to seek or obtain any relief from the Court while the contempt persists. The court further held that a party who believes that an order against him was made without jurisdiction is still bound to obey same until it is set aside.

The court was of the opinion that the application for stay of execution was premature as the four suspended legislators should have allowed the High Court to hear and determine the motion on notice rather than rushing to the Appeal Court.

Reacting to the judgment, counsel to the PDP lawmakers, Fred Orbih (SAN), said they will study the judgment and react appropriately.
Ken Mozia (SAN), counsel to Speaker  Igbe and Edo Assembly, described the ruling as a good omen for democracy.

“Now the court has said that they have a duty to obey the order of the court restraining them from going to the premises and that you cannot be in disobedience of the court order and you come to taunt the court because perhaps you think that order was not made validly”, Mazia said.

“The effect of it is that the order restraining them is now  re-emphasised and there is no further bar to the continuation of the committal proceedings against them as long as they remain in contempt.  That is the purport of this ruling. It is up to the police authorities to decide how they want to be remembered.

“They have a duty to comply with the law. The High Court has spoken, they did not comply. Now, the Court of Appeal has removed every vestige of justification that they may have. Now they have been told in clear terms that the parties restrained must comply with  the order, let us see what they will do.

“The police is supposed to maintain order and enforce court orders. Incidentally the police are part of the parties restrained, so they cannot  feign ignorance of it. But if they choose to continue to block the Speaker and others from accessing their offices and allow a faction to go and sit, it is up to them; every body has a choice to make. I believe the police are reasonable people. This is the Court of Appeal and I believe that the police will not deliberately disobey the implications of this order which is to say that the order must be complied with”.