Written by Hon. Bolade Bayode (BB)
A few days ago, I came across an inadequately analyzed political analysis presented by Oluwasegun Aina and published in All Nigeria Latest News. This was in response to an objective report by Ekiti Kete Magazine, a monthly publication based within our state.
I read and seriously miffed at the way he periscoped in most defective and bizzare fashions, how he expected the presiding and principal officers to emerge in the Ekiti State Seventh Assembly, taking off by June, 2023. This he did brazenly and without deference to the modus operandi governing the lawmaking chambers.
In the write up suspected to have been sponsored to misdirect the All Progressives Congress in making the right choice of who becomes the Speaker and Deputy, the author dwelled thoroughly, but with invidious intention on Section 92 of the 1999 Constitution, which only speaks on powers and responsibilities of State House of Assembly.
In the voyage to cause confusion in the system and derail robust legislation in the assembly, the writer wrongly asserted that the House’s rules and standing order are not superior to the constitution and that it would be tantamount to illegality for the constitution to be subsumed under the House’s rules. Yes, that may be correct if the rules are not made in line with the provisions of the 1999 Constitution Federal republic of Nigeria as amended. It is important at this juncture to educate the author and others that the said sponsored write up was a misdirected venom in many ways:
Firstly, the office of the Speaker of a State House of Assembly is provided for in Section 95 and not Section 92 of the Nigerian Constitution quoted by the author, the section is to the effect of electing a Speaker among Members – Elect. Now, the modus and process of electing the Speaker are not stated in the said provisions.
As a result, Sections 4(7) & 101 of the Constitution become applicable, granting the house the authority to govern its own proceedings, including the ability to establish its own Rules and Standing Orders. The validity of these Rules and Standing Orders is derived from the 1999 Constitution of the Federal Republic of Nigeria, as amended.
Without being immodest, the leadership of the current Sixth Assembly could have been a good precedent to cite and best record for that publication to have alluded to, to balance the writer’s conspicuously biased story. But he decided to murder truth and neutrality in the quest to achieve a predetermined goal. Professional journalism doesn’t side with some and disparate others. It is expected to open a level playing field for all.
For the sake of clarity, the election of the presiding and principal officers of the Assembly, had in recent time been predicated on the basis of ranking and geographical spread to spur robust legislation anchored on experience and political balancing. This fair and justiceable principle would not be sacrificed on the altar of politics in the coming Assembly.
At inception in 2019, a ranking lawmaker, the late Hon. Funminiyi Afuye was elected on the basis of what was operational in the assembly. Hon Afuye, who represented Ikere constituency 1, was not elected the speaker only on the basis of being a ranking lawmaker, also on the strength of being from the Southern Senatorial District, since the North and Central Senatorial districts had taken the governorship and Deputy governorship positions.
But astoundingly, the publication appears to be propping a veiled agenda of some people. The question to ask is that, what would the writer suffer should the North Senatorial district be allowed to produce the speaker? What would he also lose should a ranking lawmaker be elected to man the plum seat?
In my opinion, both the people and the government of Governor Biodun Oyebanji will benefit greatly if an experienced lawmaker is elected to preside over the assembly.
The Principle of Political Expediency or Doctrine of Necessity, which the writer copiously alluded to could only come to play when no ranking lawmaker is available where the Speakership position is zoned.
I would like to point out that the state is currently fortunate to have two highly intelligent and respected ranking members from Ekiti North Senatorial zone. These individuals are Hon. Adeoye Aribasoye, who represents Ikole constituency 2, and Abiodun Fawekun, who represents Ido/Osi constituency 1.
To educate the writer, the presiding officers of any legislature are the Speaker and its Deputy. These are two pivotal leaders imbued with powers to preside over the plenary and parliamentary sessions. The assembly believed that the occupants of these sensitive positions must have cognate experience in lawmaking.
In response to a veiled reference made by one Niyi Ojo regarding the history of Ekiti Assembly on a WhatsApp platform, it is necessary to note that the law is not fixed but rather is subject to change. In the past, some Speakers were elected as first-timers due to the fact that the Standing Order before the Sixth Assembly did not provide for ranking members to be elected. However, the law has evolved since then and now recognizes ranking members as provided for in Order 2 Rule 4 of the harmonized Standing Order. It is important to clarify that this Standing Order is effective throughout the Southwest region of Nigeria, and that the houses of Assembly throughout the country have also opted to adopt it.
We shouldn’t because of politics play ostrich or be blinded to the provisions of Section 101(3) of the 1999 Constitution, which empowered each House of Assembly to regulate its workings and operations for smooth running of the legislature .
According to legal principles, no provision in the Constitution can be interpreted in isolation. This is why jurists typically consider the “combined effects” of multiple sections before reaching a conclusion. Therefore, it is important to link Section 95 with Sections 4(7), 101(3) and Order 2 Rule 4 of the Ekiti State House of Assembly Standing Order in order to accurately interpret it.
Nonetheless, it is important to note that the harmonized Southwest Rules and Standing Order, which was adopted by the Ekiti Sixth Assembly, places significant emphasis on the election of ranking members as presiding officers, except in cases where a ranking member is not available, as stipulated in Order 2 Rule 4 (b). This principle must be upheld.
I have also heard some skeptics attempt to justify their dissent by claiming that the current Speaker, Rt. Hon Olubunmi Adelugba, is a first-timer, and therefore questioning the decision of the House to reject Hon Gboyega Aribisogan, a second-timer, as Speaker.
To begin with, it is important to note for educational purposes that both individuals were considered ranking members at the time of the election in question, having taken the oath of office in 2019. They were already experienced lawmakers when the dispute over who should fill the vacancy left by the late speaker, Hon. Funminiyi Afuye, arose. It should also be clarified that the rule does not require the most senior ranking member to be elected, but rather among ranking member.
The Ekiti State House of Assembly has adopted Order 2 Rule 4 of the Southwest harmonized Rules and Standing Order alongside others, which mandates the election of ranking members as presiding officers by lawmakers-elect. It is important to emphasize that this doctrine has been widely accepted, and has even been adopted by the National Assembly. Other houses of Assembly throughout the country are also in the process of adopting this same rule. This information is intended to correct any misunderstandings held by dissenters.
Let me end by saying emphatically that the election of the Seventh Assembly Speaker is not something that would be subjected to political manipulations or emotions, it is a matter that will align strictly with the rule of law. Furthermore, we currently have a governor in Ekiti who strongly believes in upholding the rule of law and will always remain committed to fulfilling the oath he has taken.
All the presiding officers will be elected through the combined effects of the 1999 Constitution and the House’s Standing Order, as it has always been.
What Oluwasegun Aina and his ilk were canvassing flies in the face of morality, constitution and Assembly’s standing rules. They only expressed wishful thinking.