Impeachment: Why I Can’t Set Up Panel On Ondo Deputy Governor – CJ

Impeachment: Why I Can’t Set Up Panel On Ondo Deputy Governor – CJ

The Chief Judge (CJ) of Ondo State, Justice Olusegun Odusola, has postponed the process of establishing a seven-member panel to investigate allegations of gross misconduct against Deputy Governor Lucky Aiyedatiwa.

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Following a request from the State Assembly to form the panel in accordance with section 188 of the 1999 Constitution of Nigeria, as amended, the CJ, in a letter dated October 6, 2023, addressed to the Speaker of the State House of Assembly, Oladiji Olamide, referenced Section 287 (3) of the Constitution.

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He cited a Federal High Court order that prohibits him from carrying out this function as the reason for his inability to act on the House’s letter.

Titled: “Re: Letter Of Request To Set Up Investigation Panel Pursuant To Section 188 [5] Of The 1999 Constitution (As Amended),” Chief Justice Odusola said that despite being mindful of section 188, there’s a restriction order from a Federal High Court in Abuja.

“Your letter reference No: ODHA/98/253/406 of October 3, 2023 in respect of the above matter refers. I wish to inform you that on 28 September 2023, I was served with an order of interim injunction granted by the Federal High Court, Abuja, Coram: Hon Justice Emeka Nwite in Suit No: FHC/AB/CS/1294/2023 dated September 26, 2023 in respect of this subject matter.

“Order 4 therein restrains the Chief Judge of Ondo State from “constituting any seven-man panel at the instance of the 4th Defendant Respondent in respect of the complaint of the plaintiff” among others, (Please find attached hereto a copy of the order).

“I am not unmindful of S. 188(10) of the Constitution of the Federal Republic of Nigeria 1999 as amended which provides as follows: ‘No proceedings or determination of the Panel or of the House of Assembly or any matter relating to such proceeding or determination shall be entertained or questioned in any court’.

“Notwithstanding the above provision, a Court order is binding until set aside either by a Court of coordinate jurisdiction or by an appellate court.” the letter stated.

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