Lawyers Question Legality of Agbebaku’s Impeachment as Edo Assembly Speaker
Reactions have trailed the decision of the Edo State House of Assembly to convert the resignation of its former Speaker, Blessing Agbebaku, to impeachment, eight days after he resigned from office. Speaking with journalists shortly after the Assembly converted the former Speaker’s resignation to impeachment, Hon. Paschal Ugbomeh, a former Chief Whip of the Edo […]
The Edo State House of Assembly has converted the resignation of former Speaker Blessing Agbebaku to impeachment, eight days after he resigned from office. This decision has sparked questions about its legality. Hon. Paschal Ugbomeh, a former Chief Whip, argued that since Agbebaku had duly resigned, impeaching him was not possible.
He emphasized that members of the Assembly should follow the law and pointed out that Agbebaku, as a former Speaker, could not be impeached. Another lawyer, Barrister Aigbonoga, echoed similar concerns, stating that there is no clear provision in the Nigerian Constitution or House of Assembly rules that supports converting a resignation into impeachment, especially when a successor has taken office.
He highlighted that Section 92(2)(c) of the Constitution outlines the process for removing a Speaker through a two-thirds majority resolution, while Section 306 deals with voluntary resignation. He concluded that retroactively changing a resignation into an impeachment is both legally anomalous and politically extra-constitutional, as once a resignation is effective, the office becomes vacant and no longer subject to impeachment.
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