Our position on Edo Assembly impasse ―PDP

The Peoples Democratic Party (PDP) has explained what it meant by Doctrine of Necessity, which it said the Independent National Electoral Commission (INEC) should rely upon to withdraw the certificate of returns issued to 14 lawmakers-elect in Edo State.

The party at the weekend called on the INEC to apply the Doctrine of Necessity to withdraw the certificate of return issued to 14 All Progressives Congress (APC) House of Assembly members-elect in the state.

The lawmakers, who are loyal to the National Chairman of the APC, Adams Oshiomhole, are yet to be sworn in due to the crisis rocking the party in the state.

PDP explained its position on the Edo State Assembly impasse and the meaning of Doctrine of Necessity, in a statement signed by Chris Osa Nehikhare, the party spokesman in the state.

The statement read:

“The doctrine of necessity is the basis on which extra-legal actions by state actors, which are designed to restore order, are found to be constitutional. It also includes the ability of a private person to violate a law without punishment where the violation of law was necessary to prevent even worse harm. The maxim on which the doctrine is based originated in the writings of the medieval jurist Henry de Bracton, and similar justifications for this kind of extra-legal action has been advanced by more recent legal authorities, including William Blackstone.

READ ALSO: PDP to INEC: Withdraw Edo lawmakers-elect certificates of return

In modern times, the doctrine was first used in a controversial 1954 judgment in which Pakistani Chief Justice Muhammad Munir validated the extra-constitutional use of emergency powers by Governor-General, Ghulam Mohammad. In his judgment, the Chief Justice cited Bracton’s maxim, ‘that which is otherwise not lawful is made lawful by necessity’, thereby providing the label that would come to be attached to the judgment and the doctrine that it was establishing.

“The doctrine of necessity has since been applied in a number of Commonwealth countries, and in 2010 was invoked to justify extra-legal actions in Nigeria.

Pakistan, 1954: First use

Grenada, 1985: Second use

Nigeria, 2010: Nigerian parliament creates an Acting President.

From the above and;

1. With the Refusal/neglect by members-elect to subscribe to the Oath of Membership/Allegiance with respect to the affected constituencies throughout the First Session and First Quarters of the 7th Assembly of Edo State amounts to an abdication of office.

2. INEC should in the circumstance withdraw the affected members’ certificate of return having failed/neglected to seat in the House they were elected and their constituency having been declared vacant by the Speaker in the exercise of his power as vested by the Constitution of the Federal Republic of Nigeria 1999 (as amended) by which act, the affected members-elect can no longer be inaugurated.

3. That sequel to the declaration of the affected Constituencies vacant by the Speaker of the Edo State House of Assembly, INEC should NOT in the interest of Justice and Equity, conduct any fresh elections into the affected constituencies as the affected Members-elect did not subscribe to the Oath of Membership/Allegiance and abdicated their responsibilities.

4. That certificate of return should be issued to PDP candidates as the 1st Runners up in their various Constituencies, since the members-elect who abdicated their position did not subscribe to the Oath of Membership/Allegiance before their Constituencies were declared vacant by the Speaker in the interest of Justice and Equity.

Join the conversation

Opinions

Support Ripples Nigeria, hold up solutions journalism

Balanced, fearless journalism driven by data comes at huge financial costs.

As a media platform, we hold leadership accountable and will not trade the right to press freedom and free speech for a piece of cake.

If you like what we do, and are ready to uphold solutions journalism, kindly donate to the Ripples Nigeria cause.

Your support would help to ensure that citizens and institutions continue to have free access to credible and reliable information for societal development.

Donate Now