The Code of Conduct Bureau CCB has been enjoined to prosecute the Edo state Governor, Mr Godwin Obaseki alongside ten members of the State House of Assembly and Clerk of the House over the June 17, 2019 proclamation of the Assembly.
The request was contained in a petition filed at the bureau by the former Chief Press Secretary to the Governor, Mr John Mayaki.
According to Mayaki, the governor and ten members of the state assembly in collusion with the Clerk, Omogbai Audu Yahaya acted in breach of Paragraphs 1&9, Schedule 5, Part 1 of the 1999 Constitution, by putting themselves in a position where their personal interests conflict with their duties and responsibilities and contrary to government policy.
The lawmakers listed with the governor are Okiye Francis Abumere, Okoduwa Emmanuel, Ephraim Aluebhosele Igueben, Ojiezele Sunday, Onubun Marcus and Agbaje Emmanuel.
Gov Godwin Obaseki
Others are Yekini Idiaye, Okhuaroboh Henry, Okunbur Nosayaba and Asoro Roland.
Mayaki alleged that “the parties listed and the Clerk of the Edo House of Assembly EDHA, in collusion with the Executive Governor of Edo State, jointly and severally abused the provisions of their office and breached the code of conduct applicable to public officers by engaging in an arbitrary and unlawful act of excluding fourteen elected members of EDHA from participating in the first session of the EDHA by holding a clandestine and an unlawful inauguration of the house on the 17th June 2019 based on an unlawful proclamation letter issued by the Governor of Edo State without notice to the other fourteen elected members of the EDHA who are unlawfully prevented from participating in the first session of the EDHA, an act which is prejudicial to the rights of the fourteen elected members EDHA other person knowing that such act is an unlawful act and contrary to the 1999 Constitution, code of conduct for public officers and relevant Government Policy”.
John Mayaki, former CPS to Gov Obaseki
Other grounds listed in the petition and on which the CCB was invited to act are; “That the parties listed and the Clerk of the EDHA in collusion with the Executive Governor of Edo State severally abused their offices by engaging in an arbitrary act of unlawfully refusing to comply with the resolutions of the National Assembly directing the Executive Governor of Edo State to issue valid proclamation for the first session of the EDHA in accordance with the provisions of section 105(3) of the 1999 Constitution, an act which is prejudicial to the rights of any of the 14 elected members of the EDHA and the general public knowing that such failure to comply with both resolutions of the National Assembly amounts to an unlawful act and contrary to Government Policy.
“That the parties listed, the Clerk of the EDHA and the Executive Governor of Edo State have jointly and severally abused their office by unlawfully procuring other parties to procure an interim injunction from the Federal High Court of Port Harcourt against the National Assembly contrary to the provisions of the section 1(1) of the Supreme Court (Additional Original Jurisdiction) Act 2002 which vest original jurisdiction in any dispute between the House of Assembly of the State and the National Assembly in the Supreme Court.
The order of the Federal Court of Port Harcourt is an arbitrary and unlawful order made without jurisdiction for purposes of enabling the Executive Governor of Edo state and the other mentioned above, continue with the abuse of their office and failing to comply with the resolutions of the National Assembly directing the Executive Governor of Edo State to issue valid proclamation for the first session of the EDHA in accordance with the provisions of section 105(3) of the 1999 Constitution, an act which is prejudicial to the rights of any ofvthe fourteen elected members of the EDHA and the general public knowing that such failure to comply with both resolutions of the National Assembly amounts to an unlawful act and contrary to Government Policy.
“The Code of Conduct Bureau is requested to prosecute the aforementioned parties listed and the Clerk of the EDHA for their breach of paragraphs one and nine of the code of conduct applicable to public officers whether acting in person or under any of the capacity specified under paragraph thirteen of the Code of Conduct and when the allegations above is made out, apply the sanction contained in paragraph 18(2) the parties when successfully prosecuted before the code of conduct tribunal”, the petitioner requested.
