Why Impeachment Proceedings Against Ondo Deputy Governor Will Continue Despite Court Order – Lawmakers Speak

Why Impeachment Proceedings Against Ondo Deputy Governor Will Continue Despite Court Order – Lawmakers Speak

The Ondo State House of Assembly is determined to press forward with the impeachment proceedings against Deputy Governor Lucky Aiyedatiwa, despite a court order.

The legislators have instructed their legal representatives to scrutinize the order obtained by Mr. Aiyedatiwa from the Federal High Court in Abuja, which restrains the House from continuing with the process until the case filed by the deputy governor is resolved.

The House emphasizes that its decision aligns with the provisions of Section 188(2)(b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended). Speaker Olamide Oladiji, in a statement released in Akure on Tuesday, informed that the House served Mr. Aiyedatiwa the notice of allegation of gross misconduct on Monday, within the stipulated seven-day period.

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He added that the notice was endorsed by 11 members of the House, surpassing the one-third requirement specified in Section 188(2) of the constitution.

“The impeachment notice contains Fourteen (14) specific allegations of gross misconduct with detailed particulars to which the Deputy Governor is expected to react to not later than Seven (7) days from the day he was served,” Mr Oladiji said in the statement.

“Hitherto, the House has refrained from publishing the allegations because of the need to accord the Deputy Governor the courtesy of being served with the notice, first.”

Mr Oladiji said the lawmakrs were shocked when they learnt that the deputy governor had gone to court to secure an injunction from “a certain Judge of the Federal High Court sitting in Abuja to halt the process.”

“The House is shocked that rather than wait to be served with notice of the allegation of gross misconduct, and react to same as required by the constitution, the deputy governor has been running from pillar to post and filing multiple suits in both at the Abuja Division of the Federal High Court and the Ondo State High Courts in a bid to stop the legislative process,” the speaker said.

“For the avoidance of doubt, the House is fully conscious of Section 188 (10) of the Constitution which clearly states that ‘No proceedings or determination of the panel or of the House of Assembly or any matter relating to such proceedings or determination shall be entertained or questioned in any court.’

“In the case of Abaribe V. Abia State House of Assembly (2022) 14 NWLR (Pt. 788) 466, the Court of Appeal emphatically stated that it was wrong for the Appellant to jump the gun by rushing to the Court to stop his impeachment process on the ground of alleged breach of fair hearing when the panel to investigate and hear him had not even been constituted. The Court of Appeal then restated that by the provision of Section 188 (10) of the Constitution, no court has the jurisdiction at that stage to interfere in the legislative proceedings for impeachment.

“The Supreme Court has repeatedly restated that the Court can only intervene when the procedures for impeachment have been breached. In this case, however, the deputy governor rushed to court even before the notice of impeachment was served on him. For the records, no procedures have been breached in any way.

“In view of these, the House has directed its team of lawyers to investigate the purported injunction secured by the deputy governor and report any judicial officer who might have abused his office in granting the unconstitutional ex-parte injunction to the appropriate institution for necessary disciplinary action.

“In conclusion, the House wishes to assure the general public that it would proceed with the legislative process to a logical conclusion, but in doing so, will strictly follow the Constitutional procedures.

“The House will not abdicate or compromise its sacred constitutional duty to hold elected public officers accountable, particularly where there are prima facie serious allegations of corruption and abuse of power levelled against the Deputy Governor in this case.”

Previously, the house instructed the chief judge of the state to establish an inquiry panel to probe the allegations against the deputy governor.

However, a federal high court order has temporarily halted the House’s impeachment process against the deputy governor, pending the resolution of the substantive case.

The order also prohibited Governor Rotimi Akeredolu from nominating a replacement and presenting it to the assembly for approval.

The suit involved parties such as the Inspector General of Police, State Security Services, Governor of Ondo State, the Speaker of the House of Assembly, and the Chief Judge of Ondo State.

The judge additionally issued an order preventing the respondents from harassing, intimidating, or obstructing the deputy governor in the execution of his official duties.

The case has been adjourned to October 9 for further consideration.

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