By Simeon OSAJIE
A two-term member of the Edo State House of Assembly and legal practitioner, Barr. (Hon) Pascal Ugbomeh and prominent lawyers, Barr. Afebu Aigbonoga, have faulted the Edo State House of Assembly (EDHA) over its decision to convert the resignation of former Speaker, Hon. Blessing Agbebaku to an impeachment 8 days after he stepped down.
Recall that Hon. Agbebaku, on Monday, August 17, 2026, tendered his resignation letter during plenary. The House acknowledged it and subsequently suspended him indefinitely.
Later that same day, Hon. Yekini Idaiye, lawmaker representing Akoko-Edo 1, was elected as the new Speaker.
However, at plenary on Monday, August 24, 2026, the House reversed the resignation and announced an impeachment.
Speaker Idaiye said the impeachment notice was signed by 17 members and was formally presented by Hon. Sunny Ojiezele, Majority Leader and member representing Esan South-East Constituency during the last plenary.
He explained that the resignation was reversed because the notice was “not officially presented and documented” days after Agbebaku was suspended. He added that Agbebaku was impeached and did not resign.
The motion for formal impeachment was moved by Majority Leader, Hon. Sunny Ojiezele, and seconded by Hon. Ahmed Waziri of Etsako Central Constituency.
LAWYERS FAULT PROCESS
Reacting, Barr. Afebu Aigbonoga, a legal Practitioner described the action as “legally anomalous and politically extra-constitutional.”
He said: “There is no explicit provision in the 1999 Constitution of Nigeria, as amended, or in standard House of Assembly Rules that supports converting a prior resignation into an impeachment, especially after a successor has assumed office.
“Under Section 92(2)(c) of the Constitution, a Speaker is removed by a two-thirds majority resolution, while Section 306 governs voluntary resignation.
“Resignation is a voluntary relinquishment of office, whereas impeachment/removal is a punitive legislative action. Once a resignation is tendered and accepted or becomes effective, the office is legally vacant, leaving no prior tenure left to ‘impeach.'”
Also reacting, a former Chief Whip of the Edo State House of Assembly, and a Legal Practitioner, Hon. Paschal Ugbomeh questioned the rationale behind the move.
According to him, “What are they impeaching him for? Are they impeaching him as a former Speaker?
“The man has resigned and there is no office to impeach anymore, except if you are impeaching him as a former speaker.
“It is funny to hear that a House of Assembly impeached a former speaker who had resigned a week earlier and a new speaker elected.
“They should wake up to their responsibility. I was a member of that House and we would not do this.”
Legal experts say the development raises questions about legislative procedure, separation of powers, and the interpretation of Sections 92 and 306 of the 1999 Constitution.
They argue that once a resignation takes effect, the Assembly loses jurisdiction to remove the same person from an office he or she no longer occupy.