The Ondo State House of Assembly has vowed to continue its impeachment proceedings against Deputy Governor Lucky Aiyedatiwa, despite a court order.

The lawmakers asked their lawyers to examine the order secured by Mr Aiyedatiwa, from the Federal High Court in Abuja restraining the house from proceeding with the process until the determination of the case filed by the deputy governor.

The House said its decision is guided by the provisions of Section 188(2) (b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

The speaker, Olamide Oladiji, in a statement made available to journalists in Akure on Tuesday, said the House served Mr Aiyedatiwa the notice of allegation of gross misconduct on Monday, within seven days after the notice was presented to him (Mr Oladiji).

He said the notice was signed by 11 members of the House, which is more than one-third of the members required under 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.”

The house had earlier directed the chief judge of the state to constitute a panel of inquiry to investigate the allegations against the deputy governor.

However, the federal high court order restrained the House from proceeding further in the impeachment of the deputy governor pending the determination of a substantive suit before it.

It also restrained Governor Rotimi Akeredolu from nominating a replacement and forwarding same to the assembly for ratification.

Those joined in the suit were the Inspector General of Police, State Security Security Services, Governor of Ondo State, the Speaker of the House of Assembly and the Chief Judge of Ondo State.

The judge also gave an order restraining the respondents from harassing, intimidating or preventing the deputy governor from performing his official duties.

The case was adjourned to 9 October for consideration.

The post Your Ex-Parte Won’t Stop Your Impeachment – Ondo Speaker Tells Aiyedatiwa appeared first on Jomog.

The Ondo State House of Assembly has finally served the embattled deputy governor of the state, Lucky Aiyedatiwa, a with his impeachment notice.

The deputy governor received the notice on Monday, through the spokesperson of the House of Assembly, Olatunji Oshati.

Mr Oshati had claimed last week on a national TV programme that Mr Aiyedatiwa had been served with the impeachment notice.

The notice, PREMIUM TIMES learnt, was signed by 11 out of the 26 lawmakers that make up the assembly.

The ruling party in the state, the All Progressives Congress(APC), has majority seats in the House with 22 seats while the PDP has four seats.

According to the notice signed by the Speaker, Oladiji Adesanmi, the allegations against the deputy governor are gross misconduct and abuse of office with actions likely to bring down the Ondo State government.

Other allegations are financial recklessness and publications in print media by the media aides of the deputy governor maligning the credibility of Governor Rotimi Akeredolu.

The House said relying on the provision of Section 188(2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the deputy governor should be served a copy of the notice for him to respond to the allegations contained therein.

Meanwhile, the deputy governor, on Monday, sued the House of Assembly on the planned impeachment against him.

Mr Aiyedatiwa, in the suit filed by his lawyer, Ebun-Olu Adegboruwa, (SAN) in the High Court of Akure, specifically sought some orders essentially to restrain the House from impeaching him.

The deputy governor is seeking a declaration from the court that the State House of Assembly lacks the competence to proceed with his impeachment, arguing that such proceedings violate his constitutional and fundamental rights to a fair hearing.

The deputy governor said the removal of his media aides and their placement under the Ministry of Information and Orientation led by a Commissioner by Governor Rotimi Akeredolu is a breach of his rights and privileges as the Deputy Governor.

Besides, the deputy governor is also seeking a declaration affirming that his office, tenure, status, rights, and privileges are safeguarded by the Constitution.

Additionally, he is insisting on his entitlement to a fair hearing in the House of Assembly’s determination of his civil rights and obligations as the deputy governor of Ondo State.

In the suit, Mr Aiyedatiwa also raised concerns about potential bias against him in the impeachment process, citing the House of Assembly’s previous statements and actions, including conducting media trials without providing him prior notice of alleged misconduct.

Mr Aiyedatiwa is also seeking an order to stop the Chief Judge of Ondo State from accepting or acting upon any request from the Ondo State House of Assembly to set up any panel to investigate any acts of gross misconduct against him.

Essentially, Mr Aiyedatiwa is requesting the court to intervene by halting the impeachment proceedings until his claims are examined and adjudicated upon, ensuring that his rights and protections under the law are upheld throughout this legal process.

Named as defendants in the suit alongside the Ondo State House of Assembly are the Ondo State government, the Governor of Ondo State, Ondo State House of Assembly, Speaker of the Ondo State House of Assembly, Clerk of the Ondo State House of Assembly and the Chief Judge of the state.

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U.S. District Judge, Nancy Maldonado has agreed to stay an order requiring Chicago State University, CSU, to provide certain academic documents of Bola Tinubu, who is now the President of Nigeria.

Magistrate Judge Jeffrey Gilbert had two days ago ordered the CSU to submit the documents by the end of Thursday.

But during an emergency hearing, on Thursday, according to CBS news, Judge Maldonado gave attorneys on both sides an order to file additional arguments by next Thursday.

Lawyers of the Nigerian President argued that Gilbert’s decision needed to be reviewed by a district judge.

And their request was granted by Maldonado, who said she would rule as quickly as possible after that.

“I will have a busy weekend.

“The issue is of process and rules. I’m a rule person; that’s why I’m a judge. This case is quite involved. I am aware of the stakes. It’s more important to me to get this right,” she held.

Recall that Tinubu had filed an Emergency Motion asking the Chicago Court to delay the release of his academic records till at least Monday Sept 25th.

The Chicago Court had ordered the CSU to hand over all records relating to Tinubu’s studentship to former Vice President Atiku Abubakar within two days.

Atiku himself is insisting that Tinubu’s claim of graduating from the Chicago State University is not authentic.

He then filed an application which sought the documents to prove that the Nigerian leader was not eligible to vie for the presidential election when he did.

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